Keller Swan Injury Attorneys: Advocating for Train Accident Victims Across the U.S.

Collisions involving trains are more common than many realize, often resulting in severe injuries or fatalities. Whether it’s a passenger train like Amtrak or a freight train operated by a private carrier, train accidents can happen due to equipment malfunctions, human error, track defects, or signal failures. If you or a loved one has suffered injuries or loss in a train accident, Keller Swan Injury Attorneys is here to help you pursue the compensation you deserve. Our dedicated team of experienced attorneys represents train accident victims throughout the U.S., ensuring justice is served.

Understanding Train Accident Risks and Statistics

Every year, thousands of Americans are involved in train accidents. In 2021 alone, the Federal Railroad Administration (FRA) reported over 2,100 train collisions at highway-rail crossings, many resulting in injuries or fatalities. Train accidents are uniquely dangerous due to the size, weight, and speed of trains, which can lead to catastrophic damage. Notably:

• Close to Home: The National Highway Traffic Safety Administration (NHTSA) reports that three-quarters of all rail crossing crashes occur within 25 miles of a motorist’s home, often at familiar crossings.
• High Risk in Key States: States like California, Texas, and Florida have some of the highest incidences of train accidents. Florida, for example, ranked second nationally for train-related fatalities in recent years, highlighting the critical need for enhanced safety protocols.

Part I: Types of Train Accidents and Legal Considerations

Common Causes of Train Accidents

Train accidents can result from various causes, often involving multiple parties. Understanding the cause of a crash is crucial for determining liability. Some common causes include:

1. Human Error: Mistakes by train operators, maintenance crews, or signal personnel are leading causes of train accidents.
2. Signal Malfunctions: Faulty or improperly maintained signals can misguide trains or fail to warn other vehicles and pedestrians.
3. Track Defects: Problems with tracks, such as broken rails or poorly maintained switches, increase the risk of derailments and collisions.
4. Mechanical Failures: Malfunctions in train equipment, such as braking systems, can lead to devastating accidents.
5. Weather Conditions: While less common, extreme weather events like heavy rains, fog, or ice can also contribute to train accidents.

Types of Train Accident Claims

Each train accident presents unique legal considerations depending on the parties involved. Types of cases may include:

• Passenger Injuries on Commuter Trains: Injuries on regional trains, such as the Tri-Rail in Florida or Metro-North in New York, often involve liability issues with local transit authorities.
• Accidents Involving Amtrak: As a partially government-owned entity, cases involving Amtrak often proceed through federal court, requiring specialized legal knowledge.
• Freight Train Collisions: Accidents involving major freight carriers like CSX Transportation or Union Pacific can involve significant liability issues due to the private ownership of tracks and equipment.
• Pedestrian and Vehicle Collisions at Crossings: Often caused by malfunctioning signals or lack of warning devices, these incidents are sadly common and highly dangerous.

High-Profile Train Accident Cases in the U.S. (2013-2024)

Over the past decade, several high-profile train accidents have underscored the dangers posed by train collisions and highlighted critical areas for safety improvement:

• 2015 Philadelphia Amtrak Derailment: An Amtrak train derailed at high speed, killing eight and injuring more than 200 passengers. The incident resulted in numerous lawsuits and led to increased calls for automatic train control technology.
• 2017 Washington State Derailment: An Amtrak train on its inaugural run on a new route derailed on an overpass, killing three passengers and injuring more than 60. Investigations revealed human error as a significant factor.
• 2023 Ohio Freight Train Derailment: A train carrying hazardous materials derailed, leading to an extensive environmental impact and prompting lawsuits from residents and businesses.
• 2024 South Carolina Freight and Passenger Collision: A CSX freight train collided with an Amtrak train, injuring several passengers and reigniting concerns about track and signal safety protocols.

Key Steps After a Train Accident

If you’re involved in a train accident, taking the following steps can help protect your rights:

1. Seek Immediate Medical Attention: Prompt medical care is crucial for your health and establishes a record of injuries related to the accident.
2. Report the Incident: Contact local authorities and request that the accident be documented with a police report.
3. Gather Evidence: If possible, take photos of the scene and note any witnesses. Document your injuries and keep records of all medical treatments.
4. Consult a Train Accident Attorney: Given the complex nature of train accident cases, involving an experienced attorney can help preserve evidence and build a strong case.

Part II: Liability, Compensation, and Legal Representation

Determining Liability in Train Accident Cases

Determining liability in train accidents can be complex. Multiple parties may be responsible, including:

• Railway Operators: Companies operating trains are responsible for ensuring that their staff is adequately trained and that trains are operated safely.
• Track Owners: The owners of the tracks, which may differ from the train operators, are responsible for track maintenance and safety protocols.
• Maintenance Contractors: Companies responsible for maintaining tracks, signals, and trains may be held liable if their negligence contributed to an accident.
• Government Agencies: Public transportation authorities may share liability, particularly in cases involving commuter trains or state-owned tracks.

Compensation for Train Accident Victims

Train accident victims may seek various forms of compensation, depending on the nature and extent of their injuries:

1. Medical Expenses: This includes immediate costs like emergency room visits as well as long-term expenses, such as surgeries, rehabilitation, and therapy.
2. Lost Wages and Reduced Earning Capacity: Victims can recover compensation for wages lost due to injury, as well as any loss in earning capacity if injuries affect their future work ability.
3. Pain and Suffering: This compensates for physical pain, emotional distress, and trauma resulting from the accident.
4. Wrongful Death: Families of victims who lost their lives in train accidents may pursue claims for funeral expenses, loss of companionship, and other related damages.

FAQs: Common Questions About Train Accident Claims

1. What should I do if I’m injured in a train accident?
   Seek immediate medical attention and consult a train accident attorney to guide you through the legal process and protect your rights.
2. Who is liable in a train accident?
   Liability may involve the train operator, track owner, maintenance company, or, in cases involving commuter trains, the government agency overseeing the transit system.
3. Can I sue Amtrak if I was injured on one of their trains?
   Yes, but cases involving Amtrak often proceed in federal court due to its partial government ownership. An experienced attorney can guide you through this specialized process.
4. What if a signal malfunction caused the accident?
   Signal malfunctions are common causes of train accidents and can result in liability for the maintenance provider or signal manufacturer.
5. Are train accident cases different from car accident cases?
   Yes, train accident cases often involve federal agencies and additional regulations, requiring specialized legal expertise to navigate effectively.
6. How long do I have to file a claim after a train accident?
   The statute of limitations varies by state, but prompt action is recommended to preserve evidence and ensure timely filing.
7. Can I file a claim if the accident involved a freight train?
   Yes, accidents involving freight trains may allow claims against private companies like CSX or Union Pacific. Legal action can help you recover damages for injuries and losses.
8. How is compensation determined in train accident cases?
   Compensation considers factors such as medical costs, lost wages, and pain and suffering. An attorney can help estimate a fair settlement based on your specific circumstances.
9. What if I was partially at fault?
   Many states allow compensation under comparative negligence laws, which means your compensation may be reduced but not necessarily denied.
10. Do train accident claims involve federal regulations?
    Yes, the Federal Railroad Administration oversees train safety regulations, and the National Transportation Safety Board (NTSB) investigates major incidents, adding complexity to these cases.

Why Choose Keller Swan Injury Attorneys for Your Train Accident Claim?

At Keller Swan Injury Attorneys, we bring extensive experience and resources to train accident cases in Multistate across the United States. Our attorneys understand the unique challenges of these cases, from federal oversight to private company liability, and we have successfully represented clients in high-profile train accident claims.

• Nationwide Representation: With expertise across multistates, we represent clients nationwide in both federal and state courts.
• Experienced Team: Our attorneys have handled complex train accident cases involving multiple defendants, ensuring comprehensive legal strategies.
• Results-Driven Approach: We are dedicated to achieving the best possible outcomes, securing high-value settlements for our clients.

Contact Keller Swan Injury Attorneys Today for a Free Consultation

If you or a loved one has been injured in a train accident, contact Keller Swan Injury Attorneys for a no-obligation consultation. Our team will provide the guidance you need and fight to secure the compensation you deserve.