Train Accident Claims Explained

Trains are still a popular method of transportation as many people use them to travel between cities or over state lines. The problem is that train accidents are fairly common and the resulting injuries are often quite devastating.

If you or your family member was involved in such an incident, you have rights, as well as legal discourse to recover compensation.

Here’s everything you need to know about train accident claims and why you should hire a train accident lawyer.

How Serious Are Train Accidents?

It’s natural to look at the bulkiness of the train and feel an aura of safety. In fact, your impulse would be correct - you’re safer taking a train than driving. 

Still, unfortunate mishaps do happen. 

According to data, over 2,000 train accidents occur annually in the United States. Tragically, over 200 people lose their lives in these events, while more than 800 individuals are left dealing with serious injuries.

It’s not just passengers of the train who are at risk as many of these accidents also involve pedestrians and motorists. 

Since trains can be as heavy as 18k tons and span over a mile in length, potential damage to passengers and other motorists can be crippling. These injuries often include:

1. Traumatic brain injuries

2. Damage to internal organs

3. Broken bones

4. Neck injuries

5. Spinal cord damage

6. Paralysis

It’s important to note that psychological damage to survivors can also require years of therapy to heal.

All kinds of train accidents are serious. The most common types are:

1. Derailment: this type of accident occurs when the train loses contact with the rails and gets shot off the tracks. Almost half of all accidents are derailments.

2. Train crossing accidents: many people die or get injured when these happen. While not every accident is caused by operator error, too many unfortunately are.

3. Falling objects: if overhead bins aren’t well-designed or the passenger doesn’t secure their belongings, these objects can fall on other passengers and cause injuries.

4. Train-on-train collisions: these are typically caused by the negligence of the operators. Even at low speeds, they can cause serious injuries to passengers.

5. Slip and fall: when a train suddenly stops, moving passengers can lose their balance and fall. Additionally, a passenger may fall due to debris or luggage in the walkway.

Who Can Be Liable For The Accident?

The reason you need a train accident lawyer is that these events are quite complex when compared to other types of personal injury cases. There are a few main reasons why.

First, while most people injured in a train accident can file a personal injury lawsuit, injured workers can file a lawsuit only under the Federal Employers Liability Act. 

Second, determining responsibility can be complicated as, depending on the circumstances, many parties could be held liable for the accident.

Railroad companies are responsible for providing a duty of care for all passengers, including taking precautions to ensure the trip is safe. If an employee of the company has directly caused the accident, the railroad company is responsible for any injuries.

Train operators who drive the train are oftentimes liable, as they’re responsible for monitoring different instruments and variables like speed and air pressure. They also have to keep an eye on the conditions of the track, monitor mechanical issues, and document any potential problems.

In the US, different companies own sections of the railroad tracks. If the accident happened as a result of poor track maintenance or any defects on the tracks, the company that owns that section is liable for the damages. By hiring a train accident lawyer, they can determine which specific company was responsible for the maintenance of the track, and if they were responsible for the conditions or faulty design of the tracks.

Some sections of the track can also be owned by the government, and the same applies to commuter rails. Depending on the location, there might be a chance that the government is liable for the accident.

Additionally, people who own property adjacent to the crossing have to ensure that no objects on their property obstruct the view of the tracks. For example, if foliage obscured the proper view of a railroad track or crossing, the property owner may be liable.

How A Train Accident Lawyer Establishes Liability

For a successful personal injury case, your train accident lawyer has to prove that another party was negligent in the accident. This includes establishing the proper legal elements of a negligence claim, such as:

1. You were owed a duty of care that another party breached through omission or action

2. This breach resulted in injuries

3. You suffered damages (economic or non-economic) in the accident

When you’re a passenger on a train, the railroad company owes you greater duty than if you were not aboard the train. According to state laws, trains are considered common carriers. In other words, they provide transportation services in exchange for a fee. This means that they have to exercise not only the highest standard of care but are responsible for anything affecting the passengers while the contract of carriage is applicable.

What Type Of Damages Can Be Recovered?

If you and your train accident lawyer can prove liability, you may be able to file a personal injury claim. If you win, you may be awarded compensation for your accident-related losses. These may include medical bills (including future medical costs), lost wages, and future lost wages.

If you lost a family member in a train accident, you may be able to pursue a wrongful death claim against the liable parties. This type of lawsuit is a personal injury claim in which families can ask for compensation from the parties responsible for the passing of their loved one. These claims are usually filed by the surviving members or the victim’s estate.

The proceeds are usually divided up among surviving members of the family.

Fighting For Justice

An experienced train accident lawyer can help you and your family pursue justice if you were involved in an accident. They can investigate the cause of the accident, establish which parties are liable, and ultimately, help you receive favorable compensation.

It’s important to note that the railroad may not be responsible for your injuries under all circumstances. According to the law, they are only required to act in a way that prevents injury.

This is why the experience of your train accident lawyer matters as it’s imperative to determine if the railroad company failed to use reasonable care.

For a free case evaluation, contact the Law Offices of RITE law -  we have years of experience with all kinds of personal injury cases and we’d be happy to help you pursue justice.