Catastrophic Personal Injuries > Train Accidents


Over the years, more and more railroad crossings have been upgraded, resulting in motorists receiving advance warning of the approach of an oncoming train. Motorists need to be warned, because an impact between a vehicle and a train always has catastrophic results for the vehicle occupants. On the other hand, drivers need to drive reasonably also, and we will not take cases on behalf of drivers who drive around warning gates and try to “beat” the train across. However, occupants of such a car are at the mercy of their driver and there likely would be a claim against the driver for such an accident. At unprotected crossings, railroads have a high degree of responsibility in order to follow all applicable rules and regulations both as to warning oncoming motorists of the approach, and maintaining the area around the crossing and tracks so that oncoming trains can be clearly seen. Because trains travel so fast, cannot stop quickly and cannot swerve, the railroads need to take every available precaution to warn drivers of their approach. Once we have fully investigated the facts of the accident, we then turn to making a full and complete assessment of the losses suffered by the occupants and their families. We then present that information to the insurance company in an attempt to resolve the matter by settlement. For example, in 2002, we settled a wrongful death train accident case for $1.635 million. If a settlement cannot be reached, then we present our case to a jury and let them decide.


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Nate consulted with medical experts, dug in and proceeded with the civil suit. I remember him telling me several times that [my wife’s] story was compelling and was deserving of his team’s full commitment and skill. We eventually settled before trial and were thrilled with the results, we felt justice prevailed. Nate was patient, thorough and a trusted advisor to us through this.


He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life.


Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband.


Belinda was very responsive. I am very pleased. They are great at what they do.


Mike Miller and the firm were all excellent to work with and were extremely professional.


We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad’s integrity and the firm came through for us. They were great.


Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for.