Railroad and Train Accidents

Train accidents injure passengers, motorists at crossings, pedestrians on platforms and railroad employees. Railroads and transit agencies are subject to extensive safety regulation, and their records often hold the key to proving what went wrong.

We represent people hurt in passenger train, commuter rail, subway and light rail accidents, as well as crossing collisions and platform injuries, and we evaluate railroad worker claims under specialized federal law.

Case Types We Handle

Our Railroad and Train Accidents practice includes 10 case types. Select one to learn more.

• Passenger Train AccidentsPassenger train accidents involve intercity and long-distance rail carriers that owe passengers a high duty of care.
• Commuter Rail AccidentsCommuter rail accidents involve regional transit systems and may be subject to government notice rules.
• Subway and Light Rail AccidentsSubway and light rail accidents include platform falls, door injuries and collisions with vehicles and pedestrians.
• Railroad Crossing AccidentsRailroad crossing accidents often involve malfunctioning gates or signals, obstructed sight lines and inadequate warnings.
• Train DerailmentsTrain derailments may result from track defects, excessive speed, equipment failures or operator error.
• Train Platform InjuriesTrain platform injuries involve gaps, crowding, slippery surfaces and inadequate platform maintenance.
• Train Boarding and Exiting InjuriesTrain boarding and exiting injuries occur when doors close prematurely or trains move while passengers are boarding.
• Railroad Worker InjuriesRailroad worker injuries happen in yards, on tracks and in maintenance facilities and are typically governed by federal law.
• FELA Railroad Worker ClaimsFELA claims allow injured railroad workers to seek compensation under a federal law that requires proof of employer negligence.
• Railroad Wrongful DeathRailroad wrongful death claims help families after fatal train and crossing accidents.

Common Causes of Railroad and Train Accidents

• Malfunctioning crossing gates and signals
• Track and equipment defects
• Operator fatigue or error
• Excessive speed
• Platform gaps and crowding
• Inadequate maintenance and inspection

Injuries and Losses We See

• Crush and amputation injuries
• Traumatic brain injuries
• Spinal cord injuries
• Fractures from falls
• Fatal injuries

Railroad Worker Claims and Public Operators

Injured railroad employees generally pursue claims under a federal law that requires proof of employer negligence rather than ordinary state workers' compensation. Claims involving public transit operators may be subject to government notice rules. We identify the right legal framework early.

How We Investigate Railroad and Train Accidents Claims

Strong cases are built on evidence gathered early. Depending on the facts, we work to obtain:

• Train event recorder and signal data
• Crossing warning-device records
• Track inspection and maintenance logs
• Crew records and incident reports

Who May Be Responsible

More than one party may share responsibility, which can increase the insurance coverage available. Potentially liable parties include:

• Railroad companies
• Commuter rail and transit authorities
• Maintenance contractors
• Equipment manufacturers

What to Do After an Incident

1. Call 911 and get medical attention, even if you feel fine
2. Report the crash to police and get the report number
3. Photograph the vehicles, scene, road conditions and your injuries
4. Exchange insurance information and collect witness contact details
5. Avoid giving recorded statements to the other driver's insurer
6. Speak with an attorney before signing anything

Compensation You May Be Able to Recover

Depending on the facts and the law that applies, a claim may include:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain, suffering and emotional distress
• Rehabilitation, long-term care and home modification costs
• Property damage and other out-of-pocket losses

Why Acting Early Matters

Every state sets deadlines for filing injury claims, and claims involving government entities can require formal notice within a much shorter time. Video footage, records and physical evidence can be lost quickly. Speaking with an attorney early protects your options.

How Our Attorneys Can Help

We investigate what happened, deal with the insurance companies, document the full extent of your losses and pursue a fair settlement — and we are prepared to go to court when an insurer will not be reasonable. Personal injury cases are handled on a contingency fee basis: you pay no attorney fee unless we recover compensation for you. Consultations are free and confidential.