A rural Nevada woman was injured in an SUV-train accident in January of 2017, according to the Ames Tribune. She was hospitalized after the SUV she was driving was struck by a Union Pacific train. The train then pushed her SUV about 300 feet down the tracks. The crash happened at about 8 p.m. at night at the Sixth Street crossing south of E. Avenue.
It appeared that the woman, a 64-year-old, was operating her motor vehicle at a normal speed. She allegedly saw the train approaching from the east and tried to stop, according to the Nevada police chief. Continuous maintenance made the crossing arm at the location inoperable. A flagman contracted by Union Pacific was at the intersection at the time of the accident. Since the road conditions were wet and snowy at the time of the accident, the woman’s SUV slid onto the railroad tracks. The train struck her vehicle and pushed it about 300 feet down the train tracks and across the bridge. Her vehicle landed in a steep embankment north of the train tracks.
At the time of the article, the woman was listed in serious condition. It is not known if a personal injury claim was filed to recover damages related to the woman’s injuries.
A personal injury lawsuit is a legal claim to obtain damages sustained in an accident. Many people try to settle the claim with the at-fault party or their insurance company without contacting an attorney for guidance. This is a big mistake. It is vital for an accident victim to interact with a personal injury attorney immediately after an accident.
A Rural Nevada Personal Injury Attorney will Determine the Correct Party to Sue
An accident victim is injured. The victim knows that the other person involved in the accident may have indirectly or directly caused the accident. What the victim may not know is that one or more parties may be at fault for the accident.
This happens often in medical malpractice or trucking accidents. For instance, a truck driver may have caused an accident. However, the cargo company that loaded the truck may have placed too much cargo on the truck and caused it to overturn. A patient was injured at a hospital, but perhaps it was the nurse and not the surgeon who injured the patient.
Interacting with an attorney can help an injured individual know the correct person, company, or entity to sue. If the accident victim files a claim against the wrong party, the case will be dismissed.
A Rural Nevada Attorney will Advocate for the Client with the Insurance Company
Many personal accident claims are first filed with an insurance company. That insurance company has the task of approving or denying the claim. Unfortunately, the insurance company does not have the accident victim’s best interest at heart. It will try to settle the claim for less than the fair value of the claim. Without the guidance of an experienced attorney, the injury victim will not know how much the settlement is worth. An attorney will explain whether the client needs to settle and for how much.
In addition, an insurance company has attorneys on its side working to find loopholes or issues with an accident victim’s claim. This could drag out a claim beyond the statute of limitations. The statute of limitations is the amount of time an accident victim has to take a claim to court. If the statute of limitations passes, then the accident victim cannot sue. An insurance company knows this and will try to use it to its advantage.
Protect Your Legal Rights with the Help of Attorney Brock Ohlson
A personal injury case typically comes down to fault. The other party may know they are at fault for the accident, but that does not mean they will pay you the amount needed to cover your damages such as lost wages and medical bills.
By finding an attorney to assist you, you protect your legal rights. You have the right to sue to obtain money. In court, it is your attorney’s job to prove the other party harmed you. This is done in four steps. Your attorney will help prove that:
- The defendant had a legal duty to prevent harm. This means they had the responsibility of not causing an accident.
- An accident occurred because the defendant breached that legal duty. They have to do something negligent to breach the legal duty to you.
- The defendant caused your injuries.
- The defendant owes you money.
Contact us immediately about your accident. It is important that you interact with an attorney to protect your legal rights and get the money you deserve. We are a firm that believes in sitting down and talking with a client, and continuously keeping him or her abreast of the case is the only way to represent a client.