General Train Accident Information

An overview of Train Accidents, covering the types of Train and Railroad Accidents, causes of Train Accidents, such as derailment and conducter error, a guide to determining liability and fault in Train Accidents, and information on the Federal Employers Liability Act (FELA).

Understanding Train and Rail Accidents · Types of Train Accidents · Train Accident Causes · Fault and Liability · Federal Employers Liability Act-FELA · Statute of Limitations

Understanding Train and Rail Accidents

According to the Federal Railroad Administration, approximately 3,000 train accidents each year in the U.S. These train and railroad accidents pose a risk to the millions of Americans who use trains each day. Train accidents often cause catastrophic injuries or death because of the tremendous weight of the train and the high speeds that trains often travel. Railroad and train accidents can be caused by collisions with other trains, derailment, collisions with motor vehicles, improperly maintained tracks, mechanical failure, and driver inexperience and fatigue. In addition, train accidents may cause dangerous chemical spills. Railroad companies are regulated by Federal and State governments as common carriers and are held to the highest standard of care for passengers. Common carrier regulations hold railroad companies liable for even the slightest act of negligence. Railroad accident lawsuits involve many complex issues and require the experience and knowledge of a train accident lawyer.

Types of Train Accidents

Train operators and railroad employees must use due care and diligence when performing their duties in order to protect the safety and well-being of their passengers, as well as the passengers in vehicles and pedestrians at railroad crossings. Their responsibilities include maintaining equipment in good working order and following safety regulations. Failure to do so can lead to several types of devastating train accidents, including:
Collision with another train Collision with a car, truck, bus, or motorcycle Collision with a pedestrian Derailment Accidents due to mechanical failure, such as brake failure Accidents due to human error

Train Accident Causes

Train and railroad accidents can be caused by a number of factors, including:
Mechanical failure Improper train maintenance Improper track maintenance Inadequate security on the train Conductor negligence, such as inattentiveness or substance abuse Inadequate conductor training Improperly loaded or excessive cargo loads Vegetation, debris, or other objects obstructing railroad crossing Limited sight distance for motor vehicle operators or the train Trains approaching crossings without lights on and horn sounding Broken railroad crossing warning systems Defective equipment or products

Fault and Liability

In the event of a train or railroad accident, claims can be brought against those whose negligence contributed to the train crash. For a person, business, or government entity to be found negligent, it must be proved that the defendants failed to act in a prudent and careful manner when they had a duty to do so, and that the resulting train crash caused you injuries and/or property damage. A railroad accident that was the result of any type of noncompliance with safety laws will assume full liability in most instances. While it's the responsibility of the railroad company to maintain the tracks and the train you ride, truck and car drivers also have a responsibility to follow the laws at railroad crossings.

Potential liable parties who may be held responsible for a train crash include:

The company or public agency that owns and operates the train: Passenger and freight train companies must properly maintain their trains, rail cars and other equipment. They also are responsible for hiring capable employees, training and supervising the employees properly, and ensuring that they are not overworked in order to decrease the likelihood of a train accident caused by human error. If they fail in any of these duties, and that failure causes a train accident, they may be liable for the resulting injuries, deaths, and property damage. The train track owner: The company or government entity that owns or controls the section of track on which a train accident occurred has a duty to maintain the tracks and ensure that they are in safe operating condition. The manufacturer of the engine, signal equipment or other equipment: Train accidents may be the result of an equipment failure on the train, in the rail yard, in train station or elsewhere along the tracks. If the equipment that failed was defective when it left the manufacturer, the company that produced it may be held liable for any resulting injuries under products liability laws. Motor vehicle driver: If the train crash involved a collision with a car or truck and was caused by the driver's negligence, the driver may be liable for damages caused by the train accident.

Proving liability in train accident cases can be a complex and time consuming process. It is important to hire an experienced train accident lawyer to handle your claim in order to have the best chances of receiving just compensation for your train accident injuries.

Federal Employers Liability Act-FELA

The Federal Employers Liability Act (FELA) was passed in 1908 and provides protection and compensation for railroad employees. FELA established a legal system, similar to Workers’ Compensation, under which railroad workers can protect their rights and recover damages if they are injured on the job. It also provides railroad employers with a uniform standard of liability regarding workplace conditions and employee safety. Unlike Workers’ Compensation, which is a no-fault system, FELA requires the injured party to prove negligence on the part of the railroad before receiving full compensation. This can be extremely difficult, especially against large railroad companies. However, if negligence is successfully proved, FELA compensation is usually considerably greater than Workers’ Compensation. Under FELA, injured employees can seek compensation for loss of wages, future wage loss, medical expenses and treatments, pain and suffering, and partial or permanent disability.

Statute of Limitations

Statutes of limitations restrict the amount of time you have to file a claim after a train accident. These statutes vary, but it is important to note that after the statute of limitations has expired, you lose your right to bring a claim in connection with the train accident that caused your injury. In order to ensure that you do not waive your right to possible compensation for the injuries suffered in your train accident, you should contact a train accident lawyer as soon as possible after the accident. In some train accident cases, the liable party is a government owned entity and special notices must be provided within a limited amount of time, sometimes as little as 30 to 60 days. Making a claim for a train accident is a complicated legal procedure involving several important processes. A train accident lawyer will ensure that your train accident claim is handled in a timely manner, which will improve your chances of receiving compensation.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

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