When a train accident occurs, the consequences can be devastating. Injuries from train derailments, collisions, and crossing accidents often result in severe trauma, permanent disability, and significant financial hardship. If you or a loved one has been injured in a train accident in Kalispell or anywhere in Montana, you need Kalispell train accident lawyer representation to protect your rights and pursue the compensation you deserve.
Train accident cases differ from typical personal injury claims. These cases involve federal regulations, multiple potentially liable parties, and railroad companies with extensive legal resources and insurance coverage. The railroad industry has spent decades developing strategies to minimize liability and reduce the amount of settlements. You need an attorney who understands these tactics and knows how to counter them effectively.
Travis & Brann, PLLP, has experience handling complex personal injury cases. These include instances involving railroad operations and federal regulations. We understand railroad law, the evidence required to prove negligence, and how to negotiate with railroad companies and their insurers. We are committed to helping train accident victims in Kalispell recover full compensation for their injuries.
Why You Need a Train Accident Attorney in Kalispell
Train accidents are legal matters that demand experienced representation. When a train derailment, collision, or crossing accident occurs, multiple parties may bear responsibility. These include railroad operators, maintenance contractors, and equipment manufacturers. The railroad companies involved have extensive legal resources and insurance teams working to minimize their liability and reduce the compensation they must pay.
Montana law recognizes the unique challenges of train accident cases. These incidents often involve federal regulations, including the Federal Employers’ Liability Act (FELA) for railroad workers and the Federal Railroad Administration (FRA) safety standards. Understanding which laws apply to your specific situation is critical to recovering fair compensation. An attorney unfamiliar with these rules may miss important claims or fail to pursue available remedies.
The railroad industry operates under a complex web of federal and state regulations. The Federal Railroad Administration (FRA), an agency within the Department of Transportation, establishes safety standards for track maintenance, equipment inspection, and operator training. The Department of Transportation regulates railroad operations. State law governs negligence claims and damages. Understanding this regulatory framework requires knowledge that general personal injury attorneys may not possess.
Evidence in train accident cases is time-sensitive and perishable. Maintenance records, operator logs, inspection reports, and accident scene evidence must be preserved immediately. Railroad companies move quickly to secure their own evidence and control the narrative. The sooner you retain legal representation, the sooner we can begin preserving crucial information and investigating the accident thoroughly.
The statute of limitations for train accident injury claims in Montana is three years from the date of the accident. This deadline is absolute—missing it means losing your right to pursue compensation entirely. For property damage claims, the deadline is two years. These deadlines cannot be extended, and railroad companies will not remind you when they are approaching. An experienced Kalispell attorney ensures your claim is filed timely and properly.
Critical deadline: You have 3 years to file a train accident injury claim in Montana; 2 years for property damage claims.
Types of Train Accidents We Handle
Train accidents take many forms, each with distinct legal considerations and liability issues. Our firm handles all types of train accident claims affecting Kalispell and the surrounding Montana communities.
Train Derailments occur when a train leaves the tracks. Common causes include mechanical failure, track defects, operator error, or inadequate maintenance. Derailments can cause catastrophic injuries and fatalities. A derailed train may overturn, spilling cargo and passengers across the landscape. Derailments frequently result from railroad negligence—failed brakes, defective wheels, misaligned tracks, or inadequate maintenance. Investigating a derailment requires understanding locomotive mechanics, track engineering, and railroad maintenance standards.
Train Collisions happen when two trains strike each other or when a train collides with a vehicle at a railroad crossing. These accidents frequently result from operator negligence, signal failures, or inadequate warning systems. A train traveling at 60 miles per hour cannot stop quickly. Collisions often occur because operators failed to see signals, misjudged distances, or operated while fatigued. Proving operator negligence requires access to operator logs, signal records, and expert analysis.
Passenger Train Injuries involving Amtrak and other passenger rail services create unique liability issues. Passengers have different legal protections from railroad employees. Amtrak operates under specific federal regulations and accidents may involve derailments, collisions, or injuries from sudden stops or inadequate safety features. Amtrak has substantial insurance coverage and aggressive legal defense teams. Pursuing an Amtrak claim requires understanding federal railroad law and Amtrak’s specific operational standards.
Railroad Crossing Accidents occur when vehicles collide with trains at grade crossings. These accidents often involve inadequate warning systems, poor visibility, or operator negligence. A malfunctioning crossing gate, broken warning light, or inadequate signage may create liability for the railroad. Vehicle operators may also bear some responsibility, but railroads have duties to maintain safe crossing infrastructure and operate trains safely.
Struck-by-Train Incidents affect railroad workers, pedestrians, and others struck by moving trains. These catastrophic injuries frequently result from inadequate safety protocols, operator error, or failure to maintain safe working conditions. Railroad workers have specific protections under FELA, while pedestrians and trespassers may pursue negligence claims under state law.
Major railroad operators in Montana include Burlington Northern Santa Fe (BNSF, which acquired Montana Rail Link operations effective January 1, 2024), Union Pacific Railroad, and Amtrak. Each operates under federal regulations, and each has substantial insurance coverage and legal defense teams. Our firm is prepared to handle claims against all major railroad operators.
Major operators: Burlington Northern Santa Fe, Union Pacific Railroad, and Amtrak all operate in Montana and may be liable for train accidents.
How Train Accident Claims Work in Montana
Train accident claims operate under a distinct legal framework that differs significantly from typical personal injury cases. Understanding this framework is important to maximizing your compensation.
FELA (Federal Employers’ Liability Act) applies to railroad employees injured on the job. Enacted in 1908, FELA was designed to protect railroad workers from the hazards of railroad employment. Unlike workers’ compensation, FELA allows employees to sue their employers directly for negligence. This is a significant advantage for injured workers.
FELA requires only that the railroad’s negligence played any role—even a small one—in causing the injury. This is a lower standard than traditional negligence claims, which often require proving the defendant was primarily responsible. Under FELA, an employee can recover full damages even if the railroad was only partially negligent. This makes FELA claims more favorable to injured workers than workers’ compensation, which typically provides limited benefits regardless of fault.
Negligence Standard for Train Accidents requires proving that the railroad or responsible party owed you a duty of care, breached that duty, and caused your injuries as a result. In train accident cases, railroads have clear duties to maintain equipment, operate trains safely, and maintain tracks and crossing infrastructure. Federal regulations, industry standards, and common law establish these duties.
Proving negligence requires evidence: maintenance records showing deferred maintenance, operator logs showing fatigue or rule violations, inspection reports showing known defects, expert testimony explaining how the negligence caused the accident, and medical evidence documenting your injuries. An experienced train accident attorney knows how to obtain this evidence and present it persuasively.
Comparative Fault Rules in Montana allow you to recover compensation even if you were partially at fault for the accident. Montana follows a “modified comparative fault” rule: you can recover damages as long as you were not more than 50% at fault. Your percentage of fault reduces the amount of your recovery.
For example, if you were injured in a railroad crossing accident and were 20% at fault for not checking for trains, you could still recover 80% of your damages. If you were 50% at fault, you could recover 50% of your damages. If you were more than 50% at fault, you cannot recover anything. An experienced attorney can evaluate comparative fault issues and develop strategies to minimize your percentage of fault.
Recoverable Damages in train accident cases include:
Medical expenses (past and future), including emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
Lost wages and lost earning capacity, including income lost during recovery and reduced earning capacity from permanent injuries
Pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life
Permanent disability or disfigurement, including scarring, amputation, paralysis, and other permanent injuries
Wrongful death benefits (for fatal accidents), including funeral expenses and loss of companionship
In some cases, punitive damages for gross negligence or reckless conduct
The value of your claim depends on the severity of your injuries, the extent of medical treatment required, your lost income, your age and earning capacity, and the strength of liability evidence. An experienced attorney can evaluate these factors and provide an estimate of the value of your claim.
Employee vs. Third-Party Claims operate under different legal standards. Railroad employees injured on the job pursue FELA claims, which require proving only that the railroad’s negligence played any role in causing the injury. Passengers, pedestrians, and others injured in train accidents pursue negligence claims under state law, which require proving the railroad was negligent. Both require proving the railroad’s negligence, but the legal standards and available remedies differ.
Recoverable damages: Medical expenses, lost wages, pain and suffering, permanent disability, and wrongful death benefits are all recoverable in train accident cases.
Causes of Train Accidents
Understanding how train accidents occur helps establish liability and identify responsible parties. Train accidents rarely result from a single cause—they typically involve multiple contributing factors and multiple negligent parties.
Operator Negligence is a leading cause of train accidents. Operators who speed excessively, operate while fatigued, become distracted, or fail to follow safety protocols create dangerous conditions. Federal regulations limit operator hours to prevent fatigue-related accidents, but violations occur regularly. An operator working excessive hours may fail to see signals, misjudge distances, or react slowly to hazards. Proving operator negligence requires access to operator logs, training records, and expert analysis of the accident.
Inadequate Maintenance of locomotives and rail cars causes many accidents. Brake failures, coupling defects, wheel problems, and other mechanical failures often result from deferred maintenance or inadequate inspection protocols. Railroads have clear duties to maintain equipment in a safe condition and inspect it regularly. A railroad that defers maintenance to save money, or fails to repair known defects, bears responsibility for resulting accidents. Proving inadequate maintenance requires obtaining maintenance records, inspection reports, and expert testimony about industry standards.
Track Defects and Poor Maintenance contribute to derailments and collisions. Broken rails, misaligned tracks, inadequate ballast, and poor drainage create hazardous conditions. Railroads must inspect tracks regularly and repair defects promptly. A railroad that allows tracks to deteriorate or fails to repair known defects bears responsibility for resulting accidents. Track defects can be identified through inspection records, photographs, and expert analysis.
Inadequate Warning Systems at railroad crossings cause vehicle-train collisions. Malfunctioning crossing gates, broken warning lights, and inadequate signage create dangerous conditions for drivers. Railroads have duties to maintain crossing infrastructure and ensure warning systems function properly. A railroad that fails to maintain crossing equipment or fails to repair known defects bears responsibility for resulting accidents.
Mechanical Failures in locomotives and rail cars—including brake system failures, coupling failures, and structural defects—cause accidents despite proper maintenance in some cases. Equipment manufacturers may bear liability for defective equipment. If a brake system fails due to a design defect, the manufacturer may be liable. If a coupling fails due to a manufacturing defect, the manufacturer may be liable. These product liability claims require expert analysis and may involve multiple defendants.
Weather and Environmental Factors, such as heavy rain, snow, ice, and high winds, can contribute to accidents. Railroads must adjust operations accordingly and maintain infrastructure to withstand foreseeable conditions. A railroad that operates trains at unsafe speeds during severe weather, or fails to maintain infrastructure to withstand foreseeable weather, bears responsibility for resulting accidents.
Proving negligence requires evidence: Maintenance records, operator logs, inspection reports, expert analysis, and accident scene documentation. An experienced train accident attorney knows how to obtain this evidence and present it effectively to establish liability.
Evidence types: Maintenance records, operator logs, inspection reports, expert analysis, and accident scene photographs are critical to proving negligence.
What to Do After a Train Accident
The immediate steps you take after a train accident significantly impact your legal claim. Acting quickly preserves evidence and protects your rights.
Seek Immediate Medical Attention even if you feel fine. Some train accident injuries—internal bleeding, spinal injuries, traumatic brain injuries—may not be immediately apparent. Medical records documenting your injuries are important to your claim. Seek emergency care immediately, and follow up with ongoing medical treatment. Document all medical expenses and keep records of all medical visits, tests, and treatments.
Document the Scene if you are able to do so safely. Take photographs of the accident scene, vehicle damage, track conditions, and any visible hazards. Note the date, time, weather conditions, and lighting. If you are injured and unable to document the scene, ask a family member or friend to do so. Photographs taken immediately after the accident are valuable evidence.
Gather Witness Information from anyone who saw the accident. Obtain their names, phone numbers, and email addresses. Witness testimony is important if the case proceeds to trial. Ask witnesses to describe what they saw, and note their observations. If possible, ask witnesses to provide written statements.
Report the Accident to local law enforcement and the railroad company. Obtain copies of the police report and any railroad incident reports. The police report documents the accident and may include witness statements. The railroad’s incident report may contain important information about the accident and the railroad’s initial investigation.
Preserve Evidence, including your clothing, personal items, and any objects involved in the accident. Do not discard or alter anything. Your clothing may contain evidence of the accident. Personal items may document your injuries. Objects involved in the accident may show how the accident occurred.
Avoid Discussing Fault with insurance adjusters, railroad representatives, or other parties. Do not sign any documents or accept any settlement offers without consulting an attorney. Insurance adjusters are trained to minimize claims. Anything you say can be used against you. Do not discuss the accident on social media or with anyone other than your attorney.
Contact an Attorney Immediately. Do not delay. The sooner you retain legal representation, the sooner we can begin preserving evidence, investigating the accident, and protecting your rights. Many important deadlines apply to train accident claims, and evidence deteriorates quickly. An experienced attorney can ensure your rights are protected from the beginning.
First steps: Seek medical attention, document the scene, gather witness information, and contact an attorney before speaking with insurance companies or railroad representatives.
Contact Travis & Brann, PLLP for Your Train Accident Claim
If you or a loved one has been injured in a train accident in Kalispell or anywhere in Montana, Travis & Brann, PLLP is ready to help. We understand railroad law, the tactics used by railroad companies and their insurers, and how to build a strong case for fair compensation.
Travis & Brann, PLLP has experience handling complex personal injury cases throughout Montana and is prepared to represent injured workers, passengers, and other accident victims against major railroad companies. We understand the federal and state laws that apply to train accident cases and know how to investigate accidents, obtain evidence, and prove negligence.
Travis & Brann, PLLP offers a free consultation to discuss your case with no obligation. During your consultation, we will listen to your story, answer your questions, and explain your legal options. We will evaluate the strength of your claim and provide an honest assessment of what you can expect.
We work on a contingency fee basis—you pay no attorney fees unless we recover compensation for you. This means you can pursue your claim without financial risk. If we do not recover compensation, you owe us nothing. If we do recover compensation, our fee comes from the recovery, not from your pocket.
Our Kalispell office serves train accident victims throughout Montana. We have the resources, knowledge, and determination to take on major railroad companies and their insurance carriers. We are available to discuss your case immediately.
Call us today at (406) 752-7550 or complete our online contact form to schedule your free consultation.
Our commitment: Free consultation, contingency fee basis, and immediate availability for train accident victims in Kalispell and throughout Montana.
Frequently Asked Questions
How long do I have to file a train accident claim in Montana?
You have three years from the date of injury to file a personal injury claim for a train accident in Montana. For property damage claims, the deadline is two years. These deadlines are absolute—missing them means losing your right to pursue compensation. Contact an attorney immediately to ensure your claim is filed timely. Do not wait until the deadline approaches.
What damages can I recover in a train accident case?
Recoverable damages include medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, permanent disability or disfigurement, and, in fatal accidents, wrongful death benefits. In cases involving gross negligence or reckless conduct, punitive damages may also be available. The specific damages available depend on the facts of your case. An experienced attorney can evaluate your case and explain what damages you may be entitled to recover.
Do I have a case if I was partially at fault for the train accident?
Yes. Montana follows a “modified comparative fault” rule that allows you to recover compensation even if you were partially at fault, as long as you were not more than 50% at fault. Your recovery is reduced by your percentage of fault. For example, if you were 25% at fault, you can recover 75% of your damages. An attorney can evaluate whether comparative fault applies to your situation and develop strategies to minimize your percentage of fault.
What is FELA, and how does it apply to my case?
The Federal Employers’ Liability Act (FELA) is a federal law enacted in 1908 that protects railroad employees injured on the job. FELA allows employees to sue their employers directly for negligence—something workers’ compensation does not allow. FELA requires only that the railroad’s negligence played any role in causing the injury, even a small one. This is a lower standard than traditional negligence claims. If you are a railroad employee injured in a train accident, FELA may provide a path to significant compensation.
How much is my train accident claim worth?
The value of a train accident claim depends on many factors: the severity of your injuries, the extent of medical treatment required, your lost income, your age and earning capacity, the strength of liability evidence, and the defendant’s insurance coverage. An experienced attorney can evaluate these factors and provide an estimate of the value of your claim. Every case is unique, and the value depends on the specific facts and circumstances. Schedule a free consultation to discuss your case.
Should I accept the railroad’s settlement offer?
No. Do not accept any settlement offer without consulting an attorney. Initial settlement offers from railroad companies and their insurers are typically far below the true value of your claim. An experienced train accident attorney can evaluate any offer and negotiate for fair compensation on your behalf. We have successfully negotiated settlements that far exceed initial offers.