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Questions about Railroad Accidents

US, Canada and Puerto Rico

Here you will find some questions and answers regarding railroad accidents. If you have questions that are unanswered here, please contact the personal injury lawyers Balkin & Eisbrouch, LLC today.

Are railroads frequently found to be negligent in a railroad accident?

Many different departments are responsible for ensuring railroad safety. Therefore, any one of them can fail, resulting in a catastrophic accident. Both state and federal laws regulate railroad companies and the care they use to protect the public, including safety measures and the precautions they take to prevent known dangers. When a train accident occurs, it may mean that the railroad company broke the regulations necessary to keep the public safe. In this case, the rail company can be held partially or completely liable for any resulting injuries.

What are some reasons for railroad accidents?

A railroad accident can be caused by:

• An inexperienced or undertrained conductor
• An oversight by the Railroad Operation Department (that controls track movement)
• Civil engineering departments that failed to design safe or properly working rail crossings
• Negligent firemen, brakeman or public engineers
• Defective products
• The railroad company failing to follow Federal Railroad Administration (FRA) regulations

What safety regulations control the warnings and safety equipment installed on railroad crossings?

State and federal regulations govern safety at railroad crossings. However, safety devices such as lights, barriers and audible warnings are not required at every railroad crossing; this determination is at the discretion of state regulatory agencies. In fact, only about 20 percent of railroad crossings in the United States utilize barriers and warning lights.

What type of claim do I have regarding a railroad accident?

You may have a claim for negligence against the train operator. You may also be able to file suit against the owner of the railway if they are separate from the operator. Claims may be filed for negligent hiring, training, supervision, etc. If the accident was caused by defective parts or poor maintenance, a claim may be filed against product manufacturers or maintenance crews.

What can I recover?

If you are involved in a railroad accident, you may be entitled to economic damages, such as:

• Past and future medical expenses
• Past and future wage loss
• Impairment of earning capacity
• Other out-of-pocket expenses

You may also be able to recover non-economic damages, such as:

• Inconvenience
• Loss of quality of life
• Emotional distress
• Physical impairment and disfigurement

If you live in the United States, Canada or Puerto Rico and have been injured in a railroad accident, please contact the railroad accident attorneys at Balkin & Eisbrouch, LLC today. Our lawyers are dedicated to your case and can win you the money you deserve.