Train Accident FAQ’s

Q: What is the leading cause of railroad accidents? How often do they happen?
A: With the advent of increasingly sophisticated technology, the frequency of railroad accidents has steadily decreased through the years. These days, there are two primary causes of railroad accidents: human error and track problems. Frequently (about once every 90 minutes, in fact), accidents are the result of motorists failing to stop when a train is approaching a railroad crossing.

Q: Who is affected by railroad accidents?
A: Most often, motorists and pedestrians are the individuals most seriously affected by a railroad accident. Due to the size and speed of the average train, it is not unusual for such an accident to be fatal. Additionally, railroad employees and individuals living or traveling in the vicinity of a railroad accident may be affected.

Q: What legal responsibility does a railroad owe to an individual who is injured on or near a train?
A: Legal responsibility (also known as duty or degree of care) depends primarily on the relationship that exists between the injured party and the railroad. The responsibility a railroad has for its employees will differ greatly from the responsibility it has for passengers or unrelated third parties (i.e., motorists, bicyclists, pedestrians).

• Employees: Railroad employees are protected by the Federal Employers' Liability Act (FELA). This statute, passed into law in 1908, obligates railroads to provide fair and just compensation to its employees and their families for work-related injuries, diseases or death that result from negligence, hazardous working conditions or dangerous equipment.
• Passengers: Railroads are considered common carriers and therefore owe their passengers the highest degree of care. Anytime a passenger is injured in a railroad accident, that passenger is much more likely to recover damages than from a typical personal injury case, regardless of who caused the accident.
• Third Parties: As with accidents involving two motor vehicles (or a motor vehicle and a bicyclist or pedestrian), the legal responsibility depends largely on who is determined to be at fault for the accident. With trains, however, both state negligence laws and federal safety regulations are taken into consideration. Because the legal issues can be so complex, seeking the advice of experienced legal counsel is critical.

Q: If I have been in a train accident, should I contact an attorney?
A: Train accidents involve complex legal issues as well as the interests of both corporations and individuals. Often, train experts are required to investigate the scene to determine the cause of the accident. For all of these reasons, it is very important to contact a lawyer with railroad accident experience. Additionally, a knowledgeable attorney can effectively interview witnesses and work to gather and preserve appropriate evidence. An experienced train accident lawyer will also be aware of the time limitations and filing deadlines that may affect your case.

Q: What kind of compensation can I expect if I have been injured in a train accident?
A: Compensation or compensatory damages are what an injured person receives once it has been determined that the railroad is liable for the accident. These damages typically include payment for property damages, medical expenses and lost wages. Other damages include compensation for permanent disability or disfigurement, loss of quality of life, and emotional damages. If the accident resulted from gross negligence, you may also be entitled to punitive damages. Such damages are meant to punish the wrongdoer and dissuade future negligence.

Compensation will vary greatly depending on the cause and severity of the accident. Because railroads and their insurance companies will work to minimize their costs, it is very important to have skilled and experienced legal representation. A knowledgeable attorney will fight for your interests and seek the fullest compensation to which you are entitled.

Q: What should I do if my loved one has been killed in a train accident?
A: When a person is killed in a train accident that results from the negligence of someone else, the surviving relatives may be able to file a wrongful death lawsuit. If successful, such a suit can result in compensation to the decedent’s relatives. Although no amount of money will return the loved one, compensation can lessen the financial burden of an already difficult time and provide for the victim’s dependents. An attorney with experience in personal injury and railroad accidents can offer sound advice and support in such matters.