Q: I was hit by a train. Can I sue?
On Memorial Day this year I was hit by a train on accident. I was totally off the tracks & was swept back into the train by the wind force of the train coming by. The conductor didn't even stop. I sustained major injuries & spent 2 weeks at KU Medical.
A:
If you are contemplating bringing a lawsuit, consult with an attorney in Kansas immediately. Because you are dealing with a railroad injury, it is possible there could be notice of claim issues that arise in most jurisdictions when the defendant is a municipality or public carrier. That means the defendant needs to be placed on notice of a claim within a very short period of time, often in the order of days. If applicable in your jurisdiction, these notice of claim requirements supersede more liberal state-governed statutes of limitations that give plaintiffs more time in most ordinary situations that don't involve public agencies.
As for the substantive law issues of your accident, I don't think it's possible for an attorney to make a determination of liability here. It isn't clear if you were at a railroad crossing, were on a platform, or other location. A Kansas personal injury attorney could sit down with you and sort those issues out and advise you as to the merits of your claim. Many attorneys in this area offer free initial consultations. I wish you a speedy recovery from your injuries. Good luck
Tim Akpinar
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