How Can a Railroad Company Defend Itself Against an Injury Lawsuit?

 Posted on December 09, 2022 in Business and Commercial Law

Railroads are a crucial component of commerce in the United States as a whole and Texas in particular. There are more miles of railroad in Texas than in any other state and railroad companies in Texas are estimated to transport more than 8.8 million carloads of freight each year. Without railroads, the transportation of vital cargo would grind to a halt.

Unfortunately, despite the vital role they play in our modern society, railroad companies often become the scapegoat after a train accident or derailment. If your railroad company is facing litigation, it is important to take swift action to defend yourself, your company, and your workers.

Presenting a Strong Defense Against Accusations of Negligence

When a railroad accident happens, the injured party may file a lawsuit against the railroad company for various reasons such as improper maintenance of its equipment or failure to properly train its employees.

The railroad company has the right to defend itself in court and it must be prepared to do so. It is important for a railroad company to have an experienced team of attorneys and legal professionals who are well-versed in railroad law, as well as knowledgeable about all relevant laws pertaining to railroads and their operations.

The company should also research the incident to determine who is liable and have an organized system for handling litigation. It is important that the attorneys work closely with the railroad's management in order to ensure that all evidence pertinent to the case is gathered, preserved, and presented in court.

In a railroad injury claim, the burden of proof falls to the plaintiff. It is up to the plaintiff to prove liability, causation, and damages. Often, the strongest defense against a lawsuit is arguing that the plaintiff has not satisfied all of the elements of a successful claim. An experienced attorney may be able to find weaknesses in the plaintiff's case and use these to help the railroad company avoid legal culpability for the accident. It is also possible that another party or even the plaintiff is partly or fully responsible for the incident.

Contact Our Hood County Railroad Law Attorneys for Help

If your railroad company is facing a civil lawsuit, you need a skilled, aggressive attorney at your side. Tarrant County railroad lawyer Scott Cain is a member of the National Association of Railroad Trial Counsel and has dedicated a significant amount of his practice toward protecting railroad companies' interests. Mr. Cain and his skilled team have represented railroads in over 1oo civil cases. Contact Cain & Kiel Law today to learn more about how our knowledgeable team can help you. Set up a confidential consultation by calling 817-645-1717.

Source:

https://www.texasalmanac.com/articles/railroads-in-texas