Portland Train & Rail Accident Lawyer

We Handle Train Accident Cases in Portland and Throughout Oregon

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While traveling by train is significantly safer than many other forms of transportation, train accidents still injure passengers, motorists, pedestrians, and railroad workers. Freight trains without passengers can also be involved in collisions with vehicles that cause significant injuries and property damage.

These accidents can occur for any number of reasons, but when they result from another person’s negligence, injured people may be able to recover compensation for their losses. Johnston Law Firm represents people injured in train and rail accidents in Portland and throughout Oregon. We can investigate what caused the accident, identify potentially responsible parties, and help you pursue the compensation available for your injuries.

Were you injured in a Portland train or rail-related accident? Call a train and rail accident lawyer at 503-546-3167 or contact us online for a free consultation with our legal team.

How Our Portland Attorneys Can Help With Your Train Accident Claim

Train and rail accident claims can involve complicated questions about negligence, multiple responsible parties, technical evidence, and insurance coverage. Johnston Law Firm can investigate your Portland accident and determine what evidence may support your right to compensation.

Claims involving MAX light rail, railroad companies, government agencies, or injured railroad workers may also involve special legal requirements. Our attorneys can identify the laws and deadlines applicable to your case and guide you through each stage of your claim.

Our Portland train accident attorneys can help by:

• Investigating the accident and determining how and why the collision occurred.
• Gathering accident reports, photographs, video footage, and other available evidence.
• Identifying railroad companies, agencies, manufacturers, or other potentially responsible parties.
• Reviewing applicable insurance policies and identifying available sources of compensation.
• Working with qualified experts when technical evidence requires specialized analysis or testimony.
• Documenting your injuries, medical treatment, lost income, and other resulting losses.
• Calculating the value of your economic and non-economic damages after the accident.
• Negotiating with insurers and responsible parties for an appropriate settlement of your claim.
• Preparing and filing litigation when a fair resolution cannot be reached.

We can also respond when insurers or other parties dispute fault, minimize your injuries, or challenge the value of your losses. Throughout the process, our attorneys will answer your questions and keep you informed about important developments. Johnston Law Firm will work to build a well-supported claim and pursue the compensation available for your Portland train accident injuries.

Types of Train and Rail Accidents We Handle in Portland

Train and rail accidents can affect motorists at railroad crossings, passengers using Portland public transportation, and employees working on or around trains. The legal issues involved can differ significantly depending on the type of train, how the accident occurred, and whether a private railroad company, government agency, employer, manufacturer, or another party contributed to the injuries.

Johnston Law Firm handles train and rail accident claims involving different circumstances throughout the Portland area. We investigate the cause of the accident, identify potentially responsible parties, and determine which laws and procedures apply to the injured person’s claim. 

Some of the train and rail accident cases our attorneys can assist with include the following: 

Portland Train 
Accidents Involving Vehicles

Train accidents that involve other vehicles tend to occur at railroad crossings when a roadway intersects the track. In some cases, these accidents can be caused by vehicle malfunctions or safety device defects that render drivers unable to avoid a collision. In others, these accidents are the result of errors or omissions on the part of the people responsible for the operation of the train. After an accident, your accident attorney will thoroughly investigate the cause of your collision and determine who could potentially be held liable. Some of the parties that may be at fault for a train accident include the following:

• Vehicle manufacturer;
• Railroad companies;
• Property owners;
• Government agencies.

Trains are capable of causing extremely serious injuries and damage when they are involved in accidents with passenger vehicles. In fact, the non-profit railway safety advocacy group Operation Lifesaver indicates that the force of a 30-car freight train hitting a car is equivalent to the force of a car hitting an aluminum can. For this reason, people who are involved in accidents with trains often sustain extremely serious injuries that can have long-term and devastating results.

Portland MAX 
Light Rail Accidents

Tens of thousands of people in the Portland metro area ride the MAX light rail, or Metropolitan Area Express, each day, usually without incident. Despite being relatively safe, riders and motorists can be injured when these trains are involved in accidents.

Tens of thousands of people in the Portland metro area ride the MAX light rail, or Metropolitan Area Express, each day, usually without incident. Despite being relatively safe, riders and motorists can be injured when these trains are involved in accidents. Due to the fact that these trains are operated by TriMet, a quasi-government agency, there are certain issues that need to be addressed by victims after an accident that are not present in an accident involving only private parties. These issues can make legal claims arising out of MAX light rail significantly more complicated than other types of cases, so it is important for victims to speak with an attorney who is familiar with handling cases involving public transportation vehicles. Some of these issues include the following:

• The agency must be notified of a victim’s intent to seek compensation within 180 days of the accident;
• Filing the claim within the applicable statute of limitations;
• Establishing negligence on the part of the agency or the agency’s employees.

Don’t miss out on these common personal injury mistakes.

Get the legal counsel you need to guide you through the process of filing an injury claim.

Train Accidents 
Involving Railroad Workers

Working on a railroad can be extremely dangerous work, as there are countless hazards at every turn when working in and around trains. In order to establish uniform liability standards for railroad companies and to ensure that injured railroad workers were able to obtain compensation for their losses, Congress enacted the Federal Employers’ Liability Act (FELA) in 1908. Unlike workers’ compensation claims, claims made under FELA allow workers to obtain compensation for their pain and suffering, often resulting in significantly more compensation than they would receive from a workers’ compensation claim arising from the same incident.

In order to recover under FELA, however, workers must be able to establish that their accident was the result of some type of negligence on the part of the employer. Some of the ways in which the employer of a railroad worker could be negligent include the following:

• Failing to provide adequate training;
• Providing employees with subpar safety equipment;
• Failing to enforce safety regulations;
• Requiring workers to work unreasonably long hours;
• Failing to provide adequate supervision.

After an accident, the best way to determine whether you have a claim is to have your case reviewed by an experienced Portland railroad accident attorney.

Compensation We Can Help You Collect for Your Portland Train Injuries

A serious train or rail accident can leave you facing substantial financial losses while also affecting your health, independence, and quality of life. Johnston Law Firm can document the full impact of your Portland train injuries and pursue compensation from the parties responsible for them.

Under ORS 31.705, Oregon law defines economic and non-economic damages and requires them to be stated separately in a verdict. Depending on your case, economic damages may include:

• Medical bills and necessary future medical treatment
• Lost wages and other employment-related income
• Reduced future earning capacity caused by disability
• Rehabilitation, physical therapy, and assistive equipment
• Repair or replacement of damaged property

Non-economic damages may include:

• Physical pain and suffering
• Mental suffering and emotional distress
• Loss of enjoyment of normal activities
• Permanent disability or disfigurement
• Reduced quality of life

Compensation can also be affected by fault. Under Oregon’s modified comparative negligence law, ORS 31.600, an injured person’s damages are reduced according to their percentage of fault, provided their fault is not greater than the combined fault of qualifying parties.

Frequently Asked Questions About Portland Train or Rail-Related Accident Claims