Train Accident Injuries: Brief Introduction to Train Accidents
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 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.
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.
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.
Injured Railway Workers: Federal Employers' Liability Act (FELA)
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 Topics
Train Accident Case Evaluation
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Train Accident Links
- Train Accident - Federal Railroad Administration Railroad safety information including accidents and incidents, inspections, and highway-rail crossing data.