Train Accidents and Injuries - an Overview

For over 16 decades or over 160 years railroads have played a major role in the American Economy. There are more than two hundred thousand miles of rail lines throughout North America. Today, industrial rail transportation continues as a popular low-cost method to ship large quantifies of freight and goods. Across the United States there are more than 250,000 highway-rail grade crossings. As we all know these crossing can be dangerous and in many cases deadly. Over 96% of all train accidents occur at highway rail crossings.

America's rail system is not without cost. Each and every year thousands of railroad workers suffer injuries and death while engaged in work-related duties. Railroad passengers are injured and killed while traveling by train. Rail road crossing systems fail causing severe injuries and deaths to pedestrians and occupants of motor vehicles. And homes and property are destroyed when trails derail, sometimes killing or injuring the occupants in the homes or on the properties.

One of the most disturbing reports is the sheer number of non-work-related train accidents and injuries occurring at railroad and highway crossings. According to the Federal Highway Administration, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States, everyday. These 12 daily incidents have the potential of producing catastrophic injuries and/or deaths. Whether a person injured or killed in a train accident can recover damages often depends on the type of accident and the relationship between the injured party and the railroad. These factors usually determine the duty the railroad owed to the person injured or killed and will determine which laws will govern the lawsuit.

Train Accidents on or around trains injure thousands of people each year. Often, recovery for injuries sustained depends upon the relationship or status of the injured person to the railroad that hurt them. Both federal statutes and developed case law make clear that railroads owe special duties of care. Injuries suffered by passengers and employees are controlled by clear rules of law that usually allow for recovery when a railroad fails to fulfill the duties it owed. Railroad crossing cases may prove more complex than other types of railroad injuries. Proving breach or failure by the railroad to fulfill its duties is usually more dependent upon the individual circumstances of each train accident. In all train accident cases, it is important to receive good legal advice from a personal injury attorney in order to fully assess your claim and pursue all available sources of recovery. In closing, railroad injury law is complex, call our Law Firm and we can assist you in determining if a claim is available. Call us at 800-862-1260

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