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What Not To Do In A Railroad Accident

So you’ve read our list of things TO DO in a railroad accident, but what do you know what NOT to do? Litigating against the railroad companies is tough business. Talking to the insurance company or the railroad company only makes their job easier.

· Do not sign any medical release forms without talking to a lawyer first. If you do sign these forms, the railroad company, their insurance agency, and their lawyers may be able to access some or all of your medical files.

· Do not sign any statements other than the accident report. The accident report is the only statement that the law requires you to make. Just like anything you say can be used against you in a criminal court, anything you sign can be used against you in a civil trial.

· Do not make any oral statements either. If anyone from the railroad company or their insurance agency wants to talk to you about your claim, direct them to the accident report or to your attorney.

· Do not answer “no” to questions on the accident report that deal with defective equipment. Unless you inspected all the equipment beforehand, you are not in a position to know whether or not a defect existed. An answer of “currently unknown” is a much more appropriate and much safer answer.”

· Do not allow company officials to stay with you in the treating room. It may seem like they are being supportive, but you have a right to doctor-patient confidentiality. If you allow anyone else to stay in the room with you, you are waiving that right and the things that are said may later be used against you by the railroad company or their insurance agents.

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Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455

Toll Free: (800) 752.0042
Phone: (757) 460-7776
Fax: (757) 460.3428

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