Overview of Railroad Accident Law

Railroad accidents can involve train derailment, toxic chemical exposure, or railroad crossing accidents.

Train accident victims can recover compensation for injuries, while injured railroad employees can sue their employer under the Federal Employers’ Liability Act (FELA). For legal advice about your rights after a train injury, contact a train accident attorney.

Understanding Laws Governing Railroad Accidents

Railroad accident regulations involve both state and federal laws. The federal government regulates interstate commerce, which includes most train lines. Where rail lines and roads intersect, federal and state laws also overlap.

Train accidents generally fall under federal authority. However, states may have authority over road crossings, crossing barriers, and uses of crossings by school buses and emergency vehicles. Federal laws preempt state laws when these laws conflict. This makes railroad accident litigation more complicated than motor vehicle or truck accident personal injury cases.

The Federal Railroad Administration (FRA) regulates railroad systems and safety. When there is a railroad accident, the National Transportation Safety Board (NTSB) and FRA investigate the accident to determine the cause.

There are several federal laws that regulate railroads and train operation, including the Federal Employers’ Liability Act (FELA) and the Federal Railroad Safety Act (FRSA).

Find top Railroad Accident lawyers easily

Connect with a qualified attorney today.

Find a lawyer today

What Is the Federal Employers’ Liability Act (FELA)?

FELA gives railroad workers the right to file a lawsuit against their employer for injuries, illness, and fatal accidents. Congress passed FELA in response to a high rate of severe injuries and fatal railroad accidents among railroad workers.

Unlike most workers, railroad employees are not covered by workers’ compensation insurance. FELA gives railroad workers the right to file a lawsuit against the railroad company for their injury claims.

Railroad workers generally have to show negligence to recover compensation. Even if the railroad worker contributed negligence in causing the accident, they can still recover compensation. However, contributory negligence can reduce the amount of the award based on the level of fault.

Injuries include accidents and occupational illnesses, like exposure to asbestos or hazardous chemicals. Railroad injury compensation includes medical costs, loss of income, and pain and suffering. Injured railroad workers can also get non-economic damages, like pain and suffering.

Liability for Train Accidents

Train accidents are often complicated events and involve complex evidence. Railroad safety authorities must investigate the crash site to determine the likely causes. Multiple individuals or companies may be liable, depending on the situation.

Liable parties for train accidents can include:

• The railroad company
• Insurance companies
• Train employees
• Train maintenance companies
• Train owners
• Parts manufacturers
• State and local government agenciesYour Rights as an Injured Railroad Worker

Legal Claims for Non-Employee Injuries

Pedestrians, drivers, and bystanders injured in a train accident can file a personal injury claim in state court. Most personal injury lawsuits are based on negligence. To recover compensation, you need to show the defendant owed you a duty of care, breached the duty by failing to act like a reasonable person, and caused your injuries.

Violating safety laws that result in an accident can show negligence per se. For example, a train conductor knows the speed limit is 40 miles per hour through a turn. The conductor is in a hurry and speeds through the turn at 60 mph. The train derails, hits a vehicle waiting at a crossing, and causes serious injuries to the driver. The driver can recover compensation by showing that the train employee was violating speed limit laws.

Injury victims can recover damages for their losses. Compensation includes both economic and non-economic damages. Economic damages in a train accident include medical bills, future medical expenses, lost wages, and damage to property. Non-economic damages include pain and suffering and emotional distress. Some states put a limit on how much you can recover in non-economic damages.

In some train accidents, the train company may claim the victim was partially to blame for the accident. Shared liability can reduce your compensation claim or bar recovery of damages. Contributory negligence laws vary by state. In some states, any shared negligence will prevent you from recovering any compensation.

There is a limited time to file a railroad accident lawsuit. The statute of limitations varies by state. In most states, the statute of limitations is about two years, but some states only give you one year after the accident to file a lawsuit. Personal injury laws vary by state, and you should contact a local personal injury lawyer for help with your legal claims.

Train Accident Fatalities

If the train accident victim dies, their surviving family members can recover compensation through a wrongful death lawsuit. A wrongful death lawsuit also provides loved ones with compensation for loss of support, funeral expenses, and burial costs.

Train workers also have a wrongful death claim under FELA. For fatal railroad accidents, the worker’s surviving family members can recover compensation.

Common Causes of Train Accidents

There are many causes of train accidents, from human error to defective train machinery. Common causes of railroad accidents include:

• Train operator negligence
• Driver negligence
• Trespassing on train tracks
• Mechanical failure
• Track issues or derailment
• Lack of train maintenance
• Unbalanced train cargo
• Unprotected crossings
• Stalled vehicles at rail crossings

The most serious injuries involve railroad crossing collisions, often resulting in death. However, other train accidents can involve slip and fall on a train, trains kicking up debris, or assault as a train passenger.

Why You Need a Railroad Accident Attorney

Railroad accidents are not like truck or car accident cases. Train accidents have different injuries, different damages, and different laws than other personal injury cases.

An experienced attorney with experience handling railroad injury cases can give you legal advice about your options. Talk to a train accident lawyer about how to recover compensation for your injuries.