FAQ

Two umbrella categories can be used to describe how and why derailments occur: technological malfunction (which includes machinery which unexpectedly fails and unkempt, dangerous tracks) and human error (such as mistakes made by the conductor or engineer, inattentiveness or otherwise). It should be emphasized that both of these things are bound to happen with time. Humans, even when well trained and highly qualified, are going to make errors. And in a system like our railroad system, technological errors and malfunctions are bound to occasionally take place. In spite of the somewhat inevitable occurrence of these two things, however, derailments still can be largely prevented. When implementing safety technologies it is standard to account for both human error and technological malfunction in the equation. Railroad companies have become known for ignoring these factors as they implement safety technology. A bare minimum of systems safety is not appropriate, because mistakes are bound to overwhelm the system.

The specifics of your case determine the answer to this question. It is generally in your best interest to contact an experienced railroad accident lawyer to help you decide what actions to take if you have been injured.

A successful lawsuit against a railroad will show that it is liable for injury or wrongful death. When the railroad is shown to be liable, it is responsible for compensatory damages - things like medical expenses, income lost from the accident, loss of family, loss of physical ability, social and educational experiences, emotional damages such as embarrassment, stress, and depression, decreased enjoyment of life, and other possible losses.

The answer to this question is complicated, and the specifics of any particular case are going to be constrained by a variety of factors. For one, it is important to know that federal law preempts state law. If federal law claims that a train was going an appropriate speed, then typically no state law can successfully be used to argue that a train was going too fast. However, matters often get quite complicated in the relationship between the laws.

In general, it is safe to say that railroads have a responsibility to maintain a reasonably safe crossing environment, to sound their horn as they approach and pass, and to travel within the designated speed limits. Trains do have right-of-way at crossings, but the railroads themselves usually must maintain the crossings (this varies between crossings and jurisdictions, however). Overgrown vegetation or malfunctioning signals can prove to be fatal, and negligent railroads should carry the responsibility when they fail to do their part. Particularly an issue is dangerous crossings without proper warning equipment which, in spite of repeat accidents or complaints, the railroads find ways of ignoring. This is a tragic case of railroads ignoring their responsibility, and it is happening all the time.

There are reasonable limits, yes. The railroad is not required to absolutely guarantee safety in any and all circumstances – highly unpredictable circumstances or accidents may fall outside of railroad responsibility. Passengers also must conduct themselves reasonably, by following railroad safety rules and not exposing themselves to dangerous conditions while the safe alternatives are accessible. The specifics are highly context-dependent, but circumstances entirely beyond railroad control and which would not have been prevented through greater safety measures are more likely to fall outside of railroad responsibility.

Railroad companies have no responsibilities greater than they do towards their passengers. Railroads are considered “common carriers” – meaning that they offer transportation services to the public at large for a set fee. Common carriers are extremely liable for injuries to their own passengers, sometimes including injuries brought upon by third parties, depending on the circumstances. From boarding to exiting, trains must exercise absolute care with their passengers, or else they are potentially liable for any injury their passengers suffer, even if the railroad is only minimally at fault. Again, this includes many cases where the injury is brought upon by a third party, or dangerous weather conditions.

Careful operation, inspection, and maintenance of all railroad equipment and facilities is legally expected from railroads. Rail employees must be properly trained, professional, and cautious. Entrance and exit equipment such as handrails, doors, and steps must be safely designed and maintained.

Far too common. According to the Federal Railroad Administration, there were 2,384 crossing collisions in 2008 alone. Operation Lifesaver estimates that a crossing collision occurs roughly once per two hours in the U.S. The statistics are alarmingly high. The fatalities generated by these tragic accidents run high – 797 in 2008 were killed, while 8,371 were injured.

Alarmed? We are too. That’s why we’re fighting hard to change an industry where bare safety technology is usually not even implemented, and for the victims of this industry.