Recovery of Property Damage To Infrastructure and Equipment

These claims range from the recovery of damage to signal boxes to claims for millions associated with major derailments or bridge repairs. Our attorneys are adept at building the liability case without losing focus on building the damages case.  We routinely assess causation factors such as improperly loaded / braced / balanced freight, derailments occurring at grade crossings or on customer controlled track , track washouts caused by failed water mains or retention ponds and we have also handled multiple cases involving barge impacts on rail bridges.

As plaintiff's lawyers for railroads we evaluate each case differently than a defense lawyer.  Building a case as a plaintiff requires a different skill set than the skill set necessary to defend the case.  Defending a claim requires an attorney to break down liability and damages claims rather than assemble the components to build these claims. This is one reason insurance companies engage specialized counsel to handle plaintiff’s subrogation claims.  Additionally, because we have been representing rail carriers for decades, we are familiar with the relevant terminology, people,  railroad departments and types of available damages necessary to pursue expenditure recovery claims.  This knowledgebase dramatically reduces the time in house counsel and / or risk management personnel need to devote to management of these matters.

We have developed and worked with some of the best expert witnesses across the country in the following disciplines:  

• Forensic Structural Engineering 

• Construction Project Management

• Geotechnical Engineering 

• Hydrodynamics and Hydrology – Scour Evaluation and Hydraulic Modeling 

• Train Handling/Operations 

• Causation of Rail Grade Crossing Accidents  

• Track Structure – Maintenance of Way, FRA Compliance 

• Mechanical Damages - Locomotive and Railcars 

• Maritime Valuation of Vessels and Tow (necessary due to potential application of admiralty limitation of liability) 

• Maritime Navigation (Brown-water – Rivers) 

• Forensic Accounting 

• Freight Loading and Securement (AAR Rules Compliance) 

• Environmental Emergency Response and Remediation 

• Insurance Bad Faith 

• Materials / Metallurgy / Solid Mechanics  

• Products Liability

Our aggressive pursuit of damages has resulted in the recovery of tens of millions of dollars for our clients. Our attorneys are well versed and trained with respect to the initial accident response, collection / preservation of evidence, and the most effective way to package these claims for maximum recovery.  And these cases are built to go the distance at trial if necessary. 

The case studies provided contain specific examples of our work in this area.