Paying for Injuries Caused in Train-auto Wrecks

When trains and cars collide, injuries happen -- often serious and life-threatening injuries. Injuries occur most often and most severely to drivers and passengers of cars in such an accident. But train passengers and crewmembers can also get injured in train-auto wrecks, especially if the train slows or stops suddenly or gets derailed in the crash.

In Michigan, most everyone knows that if someone is injured in a car crash, there is a no-fault auto insurance policy somewhere that will pay PIP (personal injury protection) benefits to cover those injuries. But who pays for the injuries in a train wreck?

In Michigan, if anyone is injured in a train wreck involving a motor vehicle, the injury victims can file claims for no-fault PIP benefits to cover medical costs and expenses directly related to the injuries, including compensation for lost wages. This applies to:

• Drivers and passengers of motor vehicles involved

• Passengers and crewmembers on the train

• Pedestrians

• Motorcyclists (as long as a truck, car or other motor vehicle was also involved)

The key to remember is that a motor vehicle must be involved. If no motor vehicle is involved, no no-fault benefits will be available to any injury victims. In Michigan, a motor vehicle must have more than two wheels, so if the wreck involved a collision with a motorcycle, and no cars, trucks or other qualifying motor vehicle, then no no-fault benefits will be available. ATV's, snowmobiles and other off-road vehicles also don't qualify as motor vehicles in Michigan.

What to Do When No PIP Benefits are Available or Injuries are Catastrophic in Train-auto Wrecks

The State of Michigan provides victims injured in train wrecks a way to recover losses and damages even if no no-fault PIP benefits are available or the losses experienced go beyond medical bills and the limited wage loss compensation available under the No-fault Act.

This venue for recovery of damages is the personal injury or third-party lawsuit. Through a lawsuit, a person injured as a result of someone's negligence can reach that person's liability insurance policies and personal assets to compensate for losses and damages not covered by a no-fault or other PIP insurance policy.

In the case of someone injured in a train wreck, injury victims can bring a suit against:

• A motor-vehicle driver

• A motor vehicle owner

• Companies associated with the motor vehicle (i.e. a trucking company or rental company)

• The railroad company or company responsible for the train

• Any other individual or company who contributed to the accident

While the availability of no-fault benefits to train injury victims when a motor vehicle is involved means those victims can receive compensation for medical costs and lost wages sooner, it also limits the damages that can be recovered. If Michigan no-fault benefits are paid, injury victims of train-auto wrecks cannot bring a lawsuit for non-economic damages, like pain and suffering, unless the injuries are catastrophic. However, if no motor vehicle is involved, lawsuits may be brought for both economic (medical costs, lost wages and other financial losses) and non-economic damages (pain, suffering, loss of consortium, etc.).

Getting Help in Recovering Damages in Train-Auto Wrecks in Michigan

Recovering compensation for injuries and losses incurred in a train-car wreck isn't a simple process. Knowing which insurance company to file a claim with can be confusing and insurance companies are likely to give an injury victim the run-around, claiming someone else's insurer is responsible, while medical bills pile up and lost wages continue to accrue until financial disaster strikes.

Having a qualified and experienced attorney on your side can save you this kind of aggravation. Additionally, if a lawsuit becomes necessary, only an attorney experienced in personal injury and railroad injury cases will know how to win a case against insurance and railroad company defense lawyers.

If you or someone you love was injured or killed in one of Michigan's train-auto wrecks, turn to the experienced personal injury and train injury lawyers at Sachs Waldman. Call our Detroit personal injury law office at 1-800-638-6722 to schedule a free consultation.