Train Accident Lawsuits If you have recently been involved in an train accident and suffered an injury, or if someone close to you has been injured or killed in an train accident, you may have the legal right to obtain compensation. Train accidents may result in serious injuries or death. Serious injuries can permanently negatively impact the victim's health and lifestyle. If the accident was caused by human error, someone's negligence, a design flaw or a manufacturing defect, you may be entitled to compensation for your injuries, loss of wages and other losses.
Railroads are required by the Federal Railroad Administration (FRA) to prepare monthly Accident/Incident Reports based on the following definitions. "Accident/Incident" is the term used to describe the entire list of reportable events. These include collisions, derailments, and other events involving the operation of on-track equipment and causing reportable damage above an established threshold; impacts between railroad on-track equipment and highway users at crossings; and all other incidents or exposures that cause a fatality or injury to any person, or an occupational illness to a railroad employee. Accidents/incidents are divided into three major groups for reporting purposes:  | Train accidents - A safety-related event involving on-track rail equipment (both standing and moving), causing monetary damage to the rail equipment and track above a prescribed amount. | | Highway-rail grade crossing incidents - Any impact between a rail and highway user (both motor vehicles and other users of the crossing as a designated crossing site, including walkways, sidewalks, etc., associated with the crossing. | | Other incidents - Any death, injury, or occupational illness of a railroad employee that is not the result of a "train accident' or "highway-rail incident". |
Railroad accidents and injuries are typically associated with one or more of the following events or issues:
| Human error. | | Defective railroad equipment. | | Signal control system malfunction or failure. | | Track damage or failure. | | Derailment. | | Collision. | | Highway railroad crossing impact. |
According to the Federal Railroad Administration, during the period from January 1990 to December 2003 there were 187,307 reported train accident/incident related injuries and 8,056 fatalities. During the same period there were 22,392 railroad crossing related injuries and 7,017 fatalities. Train accident personal injury cases are usually complex and expensive. You should always consult a qualified, licensed lawyer. These personal injury cases are normally handled on a contingency basis. Typically there are no fees unless the lawyer obtains a settlement or award for you. |
