Train Accident Lawyer Manhattan KS | Kansas Railroad Crossing Accident Attorney

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Frequently Asked Questions about Train Accidents and Injuries

Q: What determines the legal responsibility a railroad owes someone injured on or around a train?

A: The rules governing a railroad's legal responsibility for accidents on and around a train depend upon the relationship of the injured person to the railroad. The duty or degree of care the railroad owes the injured person differs depending on whether he or she is an employee, passenger or unrelated third party, like a motorist or pedestrian.

Q: What legal responsibilities do railroads have to their passengers?

A: Because railroads are common carriers they owe their passengers the highest degree of care and vigilance. This increased responsibility of a railroad to its passenger for his or her safety may make recovery for injuries suffered while a passenger on a train easier to obtain than in other personal-injury situations, even if another passenger or some other third party was partially responsible for causing the injury.

According to the Federal Highway Administration, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States.

Pottroff Law Office, P.A. - Expert Litigators, Top Safety Advocates

Our attorneys devote over 90% of their time to railroad grade crossing cases. In fact, managing partner, Bob Pottroff, teaches railroad liability seminars to other attorneys nationwide. Our attorneys are not only experts on railroad laws, they also provide one-on-one contact with clients and families of those who have been injured in train wrecks. As long as there are trains and cars, the attorneys of Pottroff Law Office will remain devoted because to us, railroad crossing safety is more than a job; it is our mission.

Train Accidents and Injuries - An Overview

Railroads continue to play a vital role in the American economy. While down from historical numbers, more than one-hundred-thousand miles of rail line still stretch throughout the country. While passenger use of railroads has declined over time, rail transportation continues as a popular high-volume, low-cost and potentially energy-efficient method to ship freight and goods.

The ongoing use and popularity of America's rail system is not without cost. Each year thousands of railroad workers suffer injuries and death while engaged in work-related duties. Railroad passengers also continue to be injured and killed while traveling by train, though declining usage has resulted in an overall decrease in the number of passengers injured. The most shocking number of non-work-related train accidents and injuries occur at railroad/highway crossings. According to Operation Lifesaver®, a train-safety organization, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States. These 12 daily incidents have the potential of producing catastrophic injuries and deaths.

Typical Train Accidents

The weight and speed of a train are no match for a motor vehicle or pedestrian. According to the Federal Rail Administration (FRA), 2006 brought almost 400 deaths in vehicle-train collisions and over 500 trespasser deaths. Lawsuits for injuries and deaths caused by trains hitting cars or people are complex, both legally and factually. The law can vary from state-to-state and depending upon the unique circumstances of the accident. If you are the victim of such an accident or if you lost a loved one in a collision with a train, the advice of an experienced train-accident attorney is definitely in your best interest.

Railroad Safety Obligations to Passengers

Railroads have heightened legal responsibility for the safety of their passengers. The zone of safety for which railroads are accountable to passengers extends from the depot to the waiting platform to the interior of the train itself and includes boarding and exiting. If you were injured at any time during your rail passenger experience, a train-accident attorney can advise you about what legal solutions you may have.

Train Accidents and Injuries Resource Links

Federal Railroad Administration (FRA)
Division of the US Department of Transportation dedicated to railway safety. Find information on accidents, inspections and highway-rail crossing data; run queries and download safety database files.

Operation Lifesaver
Operation Lifesaver® is an international nonprofit organization dedicated to reducing collisions, injuries and fatalities at highway-railroad crossings and on railroad rights-of-way. Also offers crash statistics and educational materials.

Federal Highway Administration (FHWA)/US Department of Transportation (DOT)
National highway safety statistics and safety information from government agency committed to reducing roadway-related fatalities and injuries, including those caused by highway-railroad crossing accidents.

American Association of State and Highway Transportation Officials (AASHTO)
The American Association of State and Highway Transportation Officials® (AASHTO®) is a nonprofit, nonpartisan association of US public highway and transportation departments that is concerned with five transportation modes: air, highway, public transportation, rail and water.

National Transportation Safety Board (NTSB) Railroad Information Page
NTSB's railroad page with accident information, as well as publications and safety issue information.