Derailment Expenditure Recovery
When a derailment has been caused by the negligence of a party other than the railroad, our firm is frequently engaged by the railroad to pursue a claim against that negligent party for the damages incurred as a result of the derailment, which can be substantial. We routinely assess derailment causation factors such as improperly loaded freight, freight that was not adequately braced or balanced, as well as derailments caused by grade crossing road traffic.
We work on a regular basis with some of the best expert witnesses in load engineering and rail technology to assist us with causation and/or loading issues, and we are familiar with the wide range of technical and regulatory sources of information pertinent to a derailment. Our attorneys regularly attend seminars given by experts on load engineering and derailment causation.
Our aggressive pursuit of derailment costs from negligent parties has resulted in the recoveries of millions of dollars for our railroad clients. Our firm is experienced and uniquely qualified to pursue these types of claims on behalf of rail carriers, a fact which our railroad clients have increasingly come to know and rely upon.
Our attorneys are well versed and trained with respect to the technical components and causes of derailment, and are familiar with switch mechanics, sun kink, and operational procedures — all of which can become issues in a derailment case. Please contact us for more information.