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Trains and Railroad

Motley Rice seeks accountability and compensation for individuals and families in personal injury and wrongful death cases involving railroad incidents. Our firm also has experience handling property damage cases related to railroad incidents. 

If you or someone you know is interested in seeking legal recourse as a result of a railroad or train incident, contact attorney Mary Schiavo by email or call +1 800.768.4026.

Trains transport both passengers and freight. Many large metropolitan areas have developed mass transit train systems used daily by millions of commuters. Additionally, corporate supply chains use railroads to move goods across the country. 

Common Factors in Train Wrecks

The Federal Railroad Administration (FRA) has identified human factors and track flaws as the two leading causes of train wrecks. According to the FRA's 2005 - 2008 National Rail Safety Action Plan Final Report, these two factors alone account for over 70% of all train accidents in the last few years. Many of the most severe accidents resulted in injury to rail passengers or the release of hazardous materials. 

The FRA has concluded that the following causes "account for an inordinate and disproportionate number of the human factor-caused accidents":

  • improperly lined track switches (switch remained in an incorrect position)
  • failure to latch and/or lock a track switch
  • lack of point protection (shoving or moving rail cars without an individual monitoring the conditions in front of the moving cars)
  • failing to properly control the movement when shoving rail cars
  • failure to determine the track ahead is clear before beginning a shoving movement
  • parking rail cars in a place that obstructs train movements on an adjacent track
  • operating over a track switch previously damaged or broken
  • failure to apply or remove a precautionary safety device called a derail

Most train operations are regulated by the FRA and have been heavily scrutinized following a number of deadly crashes, including incidents in Macdona, Texas, Graniteville, South Carolina, and Glendale, California.

Investigating a Train Wreck

The National Transportation Safety Board (NTSB) investigates a railroad incident and issues a final report on the factors that caused or contributed to the crash. Factors analyzed include track conditions, train control systems and human factors, including worker fatigue and workers' failure to comply with railroad operating rules and practices.

FELA

Railroad workers may have additional rights and benefits under the Federal Employers Liability Act (FELA), federal laws that provide compensation for injured railroad employees and their families as a result of injury or death caused by the railroad during course of employment.