Train Accident Lawyer: Free Consultation (April 2025)

Liability for Train Accidents

To prove liability for train accidents, your train accident lawyer must prove negligence. If the train operator fails to exercise reasonable care in finding and fixing these problems, it may be liable for any resulting injuries. Negligence includes the following four elements:

• Duty of care
• Breach of duty
• Causation
• Losses

Train operators owe a duty of care to reasonably foreseeable victims. Thus, trespassers on the train or tracks might not have injury claims against the operator unless they knew people were trespassing and failed to take reasonable measures to stop them.

However, train operators do have a duty to protect all of the following people:

• Passengers
• Road users at crossings, including pedestrians, cyclists, and motorists
• Property owners near the railroad right-of-way
• People at rail stations

The operator breaches their duty of care by acting carelessly.

Train accidents are complex events that can result from any of the following problems:

• Mechanical failures in the locomotive or cars
• Broken seats and handrails that cause a trip and fall
• Worn or damaged rails
• Signal malfunctions at crossings
• Careless operation of the train

If the train operator knew of these problems and failed to remedy them, they may have breached their duty of care. When these problems cause injuries, the rail operator is potentially liable for the resulting economic and non-economic losses.

Looking at how many people die in car accidents every year, very few vehicles get hit by trains. However, when these collisions occur, they often cause severe or fatal injuries due to the size and speed of a locomotive. As a result, the losses in these cases are usually large.

Types of Train Accidents and Who May Be Liable

Some types of train accidents include:

• Collisions with other trains, vehicles, pedestrians, or bicycles
• Collisions with fixed objects such as barriers at stations
• Derailments
• Hard stops and starts
• Fires
• People falling from trains or station platforms

Employers have vicarious liability for employee negligence. Thus, if a train wreck resulted from a worker’s carelessness, the railroad may be liable.

Third parties, such as vehicle drivers, rail construction companies, or locomotive or railcar manufacturers, may be liable for injuries they cause.

Understanding FELA: Rights of Injured Railroad Workers

The Federal Employers Liability Act (FELA) replaces railroad workers’ right to state-mandated workers compensation. Under FELA, a rail worker can file a personal injury lawsuit against their employer if the employer’s negligence injured them. The law abolishes contributory negligence as a defense but allows train companies to reduce or eliminate their liability by proving the worker acted negligently.

Common Causes of Train Accidents

Some common causes of train crashes include:

• Poor train or rail maintenance
• Negligent construction of railroads
• Defective trains or train parts
• Train conductor or engineer negligence
• Motor vehicle driver negligence
• Defective training or supervision of train workers

If the cause of the accident arose from negligence by the train operator or its employees, the company may be liable for the losses incurred by the injured victim.

How a Train Accident Lawyer Helps

Trains are operated by private companies and public entities. In most states, you can hold a negligent private train operator liable for a train accident just as you can file a slip and fall lawsuit against a negligent grocery store. Similarly, bus accidents often involve navigating private or governmental operators, with distinct claim procedures depending on the operator. A bus accident lawyer’s expertise in handling these complexities can mirror the benefits provided by a train accident lawyer.

The case starts with an insurance claim filed with the train company’s insurer. Consider hiring a lawyer to handle this claim because you must prove the train operator was negligent in the operation or maintenance of the train. The operator is also liable for any acts of employees under a doctrine called respondeat superior.

A lawyer can also help if the operator tries to shift liability to you if you did something careless. Negligence examples include running to catch the train or driving around a railroad crossing gate.

For trains operated by a government entity, you face different challenges that may require legal assistance to overcome. Under a doctrine called “sovereign immunity,” government entities are immune from lawsuits or claims. This doctrine arises from an ancient principle that the king was the law and, thus, was not subject to it.

Many states have voluntarily waived their immunity and can be sued. Florida, for example, has waived immunity for itself and any municipal government in the state. On the other hand, the Alabama Constitution of 1901 expressly prohibits naming the state as a defendant in any lawsuit. Before pursuing a train accident case against a governmental operator, a lawyer must analyze whether the operator is immune from claims.

If the entity has waived its sovereign immunity, the lawyer must determine the procedure for pursuing a claim. For example, some states, like New York, require claims against government entities to be brought in a special Court of Claims.

These courts may have different deadlines and rules than other state courts. Moreover, the agency might have special claim rules. For example, some city transit systems give claimants only 30 days to provide notice of their claims. A lawyer can ensure you satisfy all these rules.

What to Do After a Train Accident

Your first concern after a train accident is your safety. A collision can cause trains to catch on fire or release toxic chemicals. Try to move to safety.

Seek appropriate medical care. If your injuries need emergency treatment, call or ask someone to call an ambulance.

Cooperate with investigators. The National Transportation Safety Administration (NTSB) and Federal Railroad Administration (FRA) investigate all interstate and intercity rail accidents. Local crashes are investigated by state governments.

If you have any information, let the investigators know. Similarly, give them any photos you took or information you learned during or after the crash. A favorable crash investigation can help your accident claim.

Compensation You May Be Entitled to After a Train Accident

You can pursue compensation for economic losses, such as lost income and medical expenses. You can also seek compensation for non-economic losses in most states. These losses include pain and suffering and help account for the non-financial impact of your injuries.

Why Hiring a Train Accident Lawyer Is Critical for Your Case

A train accident lawyer knows how train accidents happen and has experience working with railroad experts to identify the party liable for the crash. Your lawyer will use this information to stand up to the train company’s lawyers and insurers to seek compensation for your injuries.

Finding a Train Accident Lawyer

A train accident lawyer is usually a personal injury attorney with experience handling train accident cases. Thus, searching for “train accident lawyer near me” will probably produce a list of personal injury attorneys in your area.

Before you schedule any initial consultations, research your options. Ask friends and family members about the injury lawyers they have used. Read verified reviews on online legal directories. Contact lawyer referral services like ConsumerShield.

Once you narrow down your choices, schedule several free consultations to compare lawyers. The best train accident lawyer for your case will have experience, knowledge, and client-handling skills. The lawyer should be a strong communicator and understand your goals for your case.

Contact ConsumerShield to Learn More

A train accident raises complex issues, and you may need a train accident lawyer to help you resolve them. ConsumerShield educates train accident victims and their families about their legal rights and helps them find a lawyer. Contact us for a free case evaluation and an attorney referral.