Case Evaluation

Train Accident Injuries: Brief Introduction to Train Accidents

Train Accidents Overview 

The Federal Railroad Administration reports that approximately 3,000 Train Accidents occur each year in the United States with nearly 1,000 people dying as a result. Railroad accidents may take the form of a collision with another train, a car or bus, or even a solo derailment or fire. While the causes of such accidents are numerous, the most common ones are

  • mechanical or electrical failures;
  • track, roadbed and structural defects or maintenance problems; and 
  • human error, including signal and communication problems, driver fatigue or inexperience.

For a given accident, multiple factors, as well as multiple individuals, may have played a contributing role.

Common Carriers

Common carriers are entities that transport people or goods according to defined routes and schedules. They include railways, as well as airlines, cruise ships, trucking companies, and other transportation-for-hire providers. The law imposes on common carriers the duty to make sure that their cargo or passengers safely reach their destinations, and also holds them liable for injuries to a passenger that happens during transportation if the carrier could have prevented the accident by exercising greater care.

Federal and State Laws

Under the Interstate Commerce Act, Congress has the authority to regulate common carriers that transport passengers or cargo across state lines. Federal laws governing railways take precedence, but each state also regulates the public transportation systems operating within its state.

The Department of Transportation Act of 1966 created the Federal Railroad Administration (FRA) to oversee railroad operations, and promulgate and enforce rail safety regulations. Federal and state laws also set forth specific common carrier regulations. The regulations usually apply to equipment requirements, licensing, and transportation procedures. 

Injuries to Train Passengers 

When a Train Accident injures the passengers onboard, the passengers may have a claim for negligence against the train operator and railway owner. If the accident was caused by a defective or malfunctioning train or railway part, then the state product liability laws may also permit the passengers to pursue a claim against the parties that manufactured, sold, installed, repaired or serviced the part.

If a court finds that the owner or operator of the railway's negligence caused the Train Accident, resulting in injuries or deaths, passengers or their family members may be able to collect money damages for medical expenses, pain and suffering, and lost income. Depending upon state law, if an injury or death occurs because a railway failed to follow state or federal safety laws, a court may find that the railway has absolute liability for the injury or death, without requiring further proof that the railway was at fault. A common carrier also usually has a duty to warn its passengers of dangers that it knows about. If the danger should be obvious to passengers, such as standing in the aisle on a moving train, the carrier may not be liable, or only partially liable, for any resulting injuries. While the railroad company is responsible for maintaining the tracks and the train, drivers also have to follow laws governing crossing railroad tracks.

Injured Railway Workers: Federal Employers' Liability Act (FELA)

In addition to state laws and worker's compensation programs, the Federal Employers' Liability Act (FELA) also protects injured railway workers. Enacted in 1908 to improve railroad safety, FELA requires that an injured railway employee demonstrate that some act, or failure to act, by the railroad contributed to the injury. In contrast, state worker's compensation provides benefits for rail workers without having to show the railroad was at fault. 

FELA applies when an accident occurred in the scope of the injured worker's employment with the railroad, where the railroad is engaged in interstate commerce between two or more states, and the railroad somehow contributed to the injuries. The injured worker will have to show that the railway somehow failed to provide a safe work place. If a railroad employee can do so, FELA allows recovery of damages for past and future pain and suffering, past and future loss of earnings, past and future medical expenses, and mental injuries, such as emotional distress. It also provides for compensation for the survivors of a deceased railroad employee. 

Train Accident Case Evaluation

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