Train and subway accidents are catastrophic events. They can leave victims with severe injuries, emotional trauma, and financial burdens. Nevada has rapidly growing urban centers and expanding transportation networks. Because of this, the risk of such accidents is high.

If you or a loved one has been injured in a train or subway accident in Las Vegas, you can fight for compensation. However, seeking legal redress alone is challenging. From identifying liable parties to proving negligence, many factors come into play. Therefore, you should hire a personal injury attorney to help fight for the compensation you deserve.

At Dallas Horton & Associates in Las Vegas, we can review your case, gather evidence, and hold the at-fault party responsible. Contact us today to help you achieve a positive case outcome.

What to Do If I am Injured By A Train In Nevada

If you've been injured in a train accident in Nevada, you want to take immediate action to protect your health and rights.

Primarily, seek immediate medical attention even if your injuries appear minor. A thorough medical evaluation is crucial since some injuries may not manifest symptoms right away. A doctor can assess the full extent of your condition, ensuring you receive the necessary treatment and care.

Report the accident promptly to the train operator or relevant authorities. By doing this, you create an official record of the incident. You also initiate an investigation into the cause of the accident and potentially identify liable parties.

While the events are fresh in your memory, document everything. Take photographs of the accident scene from multiple angles, capturing your injuries, property damage, and any relevant details. Collect contact information from witnesses who can provide valuable testimony. If possible, obtain a copy of the official accident report.

Safeguard all medical records, bills, and receipts associated with your injuries and treatment. This documentation will serve as crucial evidence when proving the extent of your damages in a potential legal claim.

Those injured in train accidents are often passengers, railway employees, or individuals in vehicles or on foot who are struck at crossings or during derailments. Every train accident prompts an official government investigation, although your personal injury lawyer might also conduct separate inquiries.

Elements You Must Prove

Subway accident victims can take legal action against the at-fault individual or entities for negligence. If you choose this route, you are responsible for demonstrating certain elements to support your claim. The elements include:

Duty of Care

In Nevada, common carriers, like train companies, are held to a higher standard of care than ordinary individuals. This means they have a legal obligation to exercise the utmost care and diligence to ensure the safety of their passengers and others who may be affected by their operations.

This duty of care encompasses various aspects, including:

  • Safe operation of trains. Train companies must ensure that their trains are operated safely and in compliance with all applicable laws and regulations.
  • Proper maintenance of tracks and equipment. Common carriers must regularly inspect and maintain their tracks, signals, and other equipment to prevent accidents.
  • Warning of hazards. They must provide adequate warnings of potential hazards, such as railroad crossings, to prevent accidents.
  • Safe boarding and disembarking. They must provide safe platforms and procedures for passengers to board and disembark from trains.

Breach of Duty

After establishing a duty of care, you must then prove that the train company or operator breached this duty. You must demonstrate that the train company failed to act with the necessary care and diligence expected of them. Examples of a breach of duty in train accidents can include:

  • Operating a train at an unsafe speed
  • Failing to properly maintain tracks or equipment
  • Disregarding or failing to obey traffic signals
  • Not providing adequate warnings of hazards
  • Failing to properly secure passengers or cargo

Sometimes, there may be multiple parties who breached their duty of care, contributing to the accident. For instance, a train accident could be caused by a combination of a track defect and a train operator's error in judgment.


Causation establishes the link between the defendant's breach of duty and the plaintiff's (your) injuries. In Nevada, two types of causation must be proven:

  1. Cause-In-Fact

This refers to the "but-for" causation, meaning that your injuries would not have occurred "but for" the defendant's negligence. For example, if a train operator failed to brake promptly upon noticing a hazard ahead and caused a collision at a crossing, the operator's negligence would be the cause in fact of the accident and resulting injuries.

  1. Proximate Cause

This refers to the predictability of harm. The plaintiff must prove defendant's negligence was a foreseeable cause of the injuries. In other words, it was reasonably foreseeable that the defendant's actions or inaction could lead to the type of harm suffered by the plaintiff.

Establishing causation can be challenging, especially in cases where multiple factors contribute to the accident. Here, expert testimony from accident reconstruction specialists, engineers, or medical professionals could establish a causal link between the defendant's negligence and the plaintiff's injuries.

Sometimes, the defendant may argue that your actions contributed to the accident, which can affect the amount of compensation awarded. Nevada follows a modified comparative negligence rule, which means that the plaintiff's damages may be reduced if they are found to be partially at fault for the accident.

Train Accident Causes

Train accidents can occur due to various factors. These could include negligence or a combination of contributing causes. Common causes include:

  • Operator Error. Train operators may be held liable for accidents caused by their negligence, failure to obey signals, or operating under the influence of drugs or alcohol.
  • Equipment Malfunction. Defective brakes, faulty signals, or other equipment failures can lead to catastrophic accidents.
  • Track Defects. Poorly maintained tracks, broken rails, or debris on the tracks can cause derailments or collisions.
  • Human Error at Crossings. Drivers or pedestrians who disregard signals, barriers, or warnings at railroad crossings can cause accidents.
  • Inadequate Safety Measures. Train companies have a duty to implement and maintain adequate safety measures to prevent accidents. Failure to do so can result in liability.

You should work with a reputable personal injury attorney to know the potential causes of your accident to identify liable parties and build a strong case for compensation.

Recovering Compensation

If you sustain injuries in a Nevada train or subway accident, you are entitled to compensation to help you recover from your losses. The specific damages depend on the severity of your injuries and the impact they have had on your life.

Economic Damages

Economic damages are the quantifiable financial losses you suffer because of the defendant's actions. These are actual out-of-pocket expenses or losses that could be calculated and proven with documentation. Examples are:

  • Past and future costs of medical treatment, cost of ambulance rides, emergency room visits, hospitalization, surgeries, medications, therapy, and rehabilitation.
  • Income lost owing to inability to earn a living after sustaining
  • Property damage. These are costs associated with repairing or replacing damaged property, such as a vehicle involved in the accident.
  • Other out-of-pocket expenses. Any other costs directly related to the accident and injuries, such as transportation to medical appointments, assistive devices, or home modifications.

Non-Economic Damages

Unlike economic damages, non-economic damages are intangible and subjective. These represent the emotional, physical, and psychological impact of the injury on your life. Non-economic compensation is more difficult to calculate because they lack  a clear monetary value. Non-economic damages  can include:

  • Pain and suffering. This encompasses the physical pain endured due to injuries, and the mental anguish the accident and its aftermath caused you.
  • Emotional distress. Compensation for anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological conditions resulting from the traumatic experience of the accident.
  • Loss of enjoyment of life. This is the diminished ability to participate in hobbies or activities that the person enjoyed before the incident, impacting their overall life quality.
  • Loss of consortium. If your injuries have affected your relationship with your spouse or partner, you can claim damages for loss of consortium.
  • Disfigurement or disability. Damages for the physical and emotional impact of any permanent scarring, disfigurement, or disability caused by the injuries.

Determining the value of non-economic damages involves considering factors like the severity of your injuries, the impact on your daily life, the prognosis for recovery, and your age and overall health. Your personal injury lawyer can determine the value of non-economic damages and fight for fair compensation in a legal claim.

Punitive Damages

In rare cases, if the train company's conduct was reckless or egregious, the court may award punitive damages to punish the company and deter future misconduct. In Nevada, punitive damages are limited to either $300,000 if the compensation for losses is under $100,000, or triple the amount of compensation awarded if it reaches $100,000 or more.

Whom You Can Sue After a Train or Subway Accident

Multiple parties may share liability in train and subway accidents. Therefore, it could be challenging to determine whom to sue after the collision. Potential defendants could include:

Nevada Train Companies

As explained above, train companies are held responsible if their negligence contributed to the accident. Negligence can involve the following:

  • Inadequate training of employees, for example, if the train operator or other employees were not properly trained. Their lack of skills or knowledge could have contributed to the accident.
  • Failure to properly maintain trains and tracks. Train companies have a duty to regularly inspect and maintain their trains, tracks, and signals to ensure safe operation. If they fail to do so and an accident occurs as a result, they can be held liable.
  • Negligent hiring or supervision: If the train company knew or should have known that an employee was unfit for duty. For example, due to a history of substance abuse or reckless behavior. and that employee caused an accident.

Manufacturers Of Defective Train Parts Or Equipment

If a defective part or equipment malfunction contributed to the accident, the manufacturer may be held liable for product liability. This liability falls under the legal concept of product liability, which holds manufacturers responsible for injuries caused by their defective products.

The main types of defects that can lead to product liability in train accidents are:

  1. Design Defects. These occur when the product's design itself is flawed. Flawed designs make it inherently dangerous even when manufactured correctly. For example, a train brake system that is prone to failure due to a design flaw could be considered a design defect.
  2. Manufacturing Defects. These defects occur during the production process and result in a product that deviates from its intended design, making it unsafe. For example, a faulty weld in a train wheel could be a manufacturing defect.

To hold a manufacturer liable for a train accident, you must show that the train part or equipment had a design or manufacturing defect that made it unreasonably dangerous. You must establish that the defect was present when the product was sold or delivered to the train company, and not caused by later misuse or modifications.

Examples of train parts and equipment that could lead to manufacturer liability in train accidents include:

  • Defective components of the braking system
  • Faulty wheels
  • Malfunctioning signals
  • Defective couplers
  • Faulty track components, such as rails, switches, or ties

Government Entities Responsible For Track Maintenance

If a government agency was responsible for maintaining the tracks and failed to do so properly, they could be held liable. Government entities must conduct regular inspections of the tracks to identify and address potential hazards, such as broken rails, loose ties, or debris on the tracks. Failure to do so can lead to dangerous conditions that cause accidents.

If track defects are identified during inspections, they must be repaired promptly to prevent accidents. Delaying repairs or failing to address known hazards can cause liability. Also, government entities may be responsible for implementing safety measures at railroad crossings, such as signals, gates, and warning signs. Failure to install or maintain these safety measures can contribute to accidents and cause liability.

Suing a government entity is harder than suing a private company. There may be specific notice requirements, shorter statutes of limitations, or caps on damages that apply to claims against government entities.

Additionally, proving negligence on the part of a government entity can be challenging due to sovereign immunity, a legal doctrine that protects government entities from certain types of lawsuits. However, there are exceptions to sovereign immunity. Contact a train accident lawyer to navigate such challenges.

How to Make Sure You Are Paid If There Are Other Victims

Train accidents often cause injuries to multiple victims. They all have legitimate claims and deserve fair compensation. You might be worried whether there will be enough funds to cover everyone's losses. However, train companies typically carry substantial insurance policies to cover accidents. The amount of coverage can vary, but it is usually enough to compensate multiple victims.

Sometimes, multiple parties may share liability for the accident, as discussed earlier. This can increase the pool of available insurance coverage and assets to compensate victims.

Having an experienced personal injury attorney goes a long way. They can fight to protect your interests and ensure you receive a fair share of the available compensation. They can negotiate with insurance companies and other parties on your behalf and, if necessary, litigate to secure the compensation you deserve.

Acting quickly after the accident ensures your case is prioritized, increasing your chances of early compensation from the available funds. You want to also understand the statutes of limitations in Nevada to avoid compromising your legal claim.

What Happens If I Was Partially At Fault?

Nevada's modified comparative negligence rule allows for recovery even if you share some responsibility for the train accident. However, your degree of fault can significantly impact your compensation.

Contributing To A Train Accident

Several factors could contribute to a finding of partial fault on your part in a train accident, such as:

  • Ignoring warning signs or signals at a railroad crossing, such as flashing lights, gates, or bells.
  • Failing to yield to an oncoming train. Trains have the right of way at crossings, and failing to yield can cause a collision.
  • Driving under the influence, for example, when navigating a railroad crossing. Operating a vehicle while intoxicated or impaired by drugs can lead to reckless driving and contribute to an accident with a train.
  • Distracted driving, for example, engaging in activities like texting, talking on the phone, or eating while driving. These acts can distract you from paying attention to your surroundings and increase the risk of an accident.
  • Trespassing on railroad property. Walking or playing on railroad tracks is illegal and dangerous. If you are injured while trespassing, your recovery may be reduced or even barred due to your negligence.

How Partial Fault Affects Your Compensation

According to Nevada Revised Statute (NRS) 41.141, your percentage of fault will reduce your compensation. For example, if a jury finds you 20% at fault and your total damages are $100,000, you would only receive $80,000. However, if you are found to be 51% or more at fault, you will not be able to recover any damages at all.

If you are partially at fault, a personal injury attorney can help you receive damages in the following ways:

  • They can investigate the accident thoroughly. Your attorney will gather evidence to determine the cause of the accident and identify all parties who may share liability.
  • Your attorney can challenge allegations of fault. They can minimize your assigned percentage of fault by presenting evidence that supports your case and refutes any claims of negligence against you.
  • A reputable attorney can negotiate with insurers. Insurance companies may try to shift blame onto you to reduce their payout. Your attorney will negotiate on your behalf to ensure you receive fair compensation.
  • Your lawyer could litigate your case if necessary. If a fair settlement cannot be reached, your attorney will take your case to court and fight for your rights.

Statute Of Limitations For Train And Subway Accidents In Nevada

There is a strict time limit for filing a personal injury claim after a train or subway accident in Nevada. Nevada Revised Statute (NRS) 11.190(4)(e) refers to this time limit as the statute of limitations.

In Nevada, the statute of limitations for personal injury claims, including those arising from train accidents, is two years from the date of the accident. This means you have two years beginning on the date of the accident to sue the responsible parties.

Filing your claim within the time limit ensures that you can pursue legal action and protect your right to compensation. However, there are a few exceptions to this rule, including:

  1. If the injured person is a minor. Here, the statute of limitations may be extended until they reach the age of 18 or a certain period after turning 18, depending on the specific circumstances.
  2. Discovery rule. At times, the injury may not be immediately apparent. If this happens, the statute of limitations may begin to run from the date you discover the injury or reasonably should have discovered it.

If you fail to file your lawsuit within the two-year window, you may lose your right to seek compensation for your injuries and damages.

Find A Personal Injury Lawyer Near Me

After a train and subway accident, you could face challenges pursuing compensation. For example, if you sustain catastrophic injuries like brain or spinal cord injuries or the case involves multiple defendants including the government and big corporations. In this case, a personal injury could be the go-to person to help with filling and pursuing your claim.

You could contact Dallas Horton & Associates in Las Vegas if you have been injured in a train or subway accident. Our team of skilled attorneys has extensive experience handling train accident cases and a proven track record of securing favorable results for our clients. We are committed to providing personalized attention and aggressive representation to help you get the justice and compensation you deserve.

Contact us today at 702-820-5917 for a free consultation. We will fight for your rights and help you receive the justice and compensation you deserve.