Train Accident Lawsuit Guide 2024

Train accidents can be caused by numerous failures, such as:

• Derailments
• Equipment Issues
• Signal Problems
• Collisions
• Track Failures
• Human Error

Human error is one of the leading causes of train accidents, according to the Federal Railroad Administration. Human error can be a stand-alone cause of an accident or a contributing factor. Understanding what causes a train accident is essential, as each cause may result in different legal claims for damages.

Most train accident lawsuits will fall under tort law. A tort is a civil wrongdoing that causes harm to an individual. It is civil because it is not a violation of a statute or law, like murder. Train accidents are considered negligent torts, because there was no intent to harm and the accident is caused by negligence.

• First, to win a negligence case, the plaintiff has to prove that they were owed a duty of care by the person who caused the accident. A train operator and train companies are required to operate the trains in a reasonably prudent and safe manner.
• Second, they must prove that the individual or company breached their duty of care, such as by failing to maintain the track or failing to put on a brake when necessary.
• Third, the plaintiff must show they suffered an injury from the breach.
• Fourth, the plaintiff must prove the breach caused your injury. So for example, a damaged rail that had not been inspected caused the train to derail, which led to your injuries.

If you were involved in a train accident, make sure to document the accident. Take photos and videos of the accident scene. Make sure to capture as much as possible. If you are physically injured and unable to capture evidence at the accident scene,your attorney can attempt to collect this from bystanders or other victims during discovery.

You should also seek immediate medical attention. You must see a doctor who can document all your injuries. The sooner you can document the injuries, the stronger your case for damages will be. It’s also essential to follow all medical instructions. You do not want to contribute to your injuries by failing to follow your doctor’s orders. Failing to follow their orders can reduce the amount of money you receive in your lawsuit.

When handling a personal injury case as complicated as a train accident, experience matters. You can get a referral to an attorney with train accident experience by using your state or local bar association referral service. Then, read over their website and see if they have any information related to train accidents. Also, look at the reviews from previous clients to see what they have to say about working with the attorney.

• A train accident can result in serious injuries, and getting compensated for those injuries can be confusing. Most damages will be compensatory or economic. These include:
• Medical Treatments/ Future Medical Treatments
• Pain and Suffering
• Emotional distress
• Lost wages/ future lost wages
• Loss of consortium
• Loss of enjoyment of life/opportunity

However, in some situations, the courts can award punitive damages, which are meant to punish an individual.

Because train accidents are a unique type of accident, there are some specific considerations you should be aware of.

Liability Cap

In 1997 Congress passed the Amtrak Reform and Accountability Act. In this Act, Congress set a cap on liability for train companies at $200 million. This cap applied to all claims filed from a single incident. In 2015, Congress passed the Fixing America’s Surface Transportation Act, raising the liability cap to $322,864,228.

This liability cap is significant because it caps the total payout for a train accident for all claims, including punitive damages from a single incident. Since a train accident often involves hundreds of passengers, multiple employees and possible bystanders, the cap can often leave individuals with damages not adequately compensated for.

Class Action vs. Multidistrict Litigation

When multiple people are injured in an accident, these cases can often present themselves in the court as either a class action or multidistrict litigation case.

Class action lawsuits involve numerous individuals joining together under one suit. In these cases, one plaintiff will represent all the plaintiffs in court. People can opt out of a class action to preserve their rights to pursue justice, but if someone does not opt out, they may be bound by the trial’s outcome.

In a multidistrict litigation case, you usually have multiple plaintiffs harmed by the same action, but they reside in many different jurisdictions. This is very common in a train accident where passengers may be from all over. A multidistrict litigation case differs from a class action in that each plaintiff retains their separate lawsuit, but the cases are consolidated so that one judge hears all pre-trial motions. Several bellwether trials are then heard to provide test cases.

Class action or multidistrict litigation are great because they allow plaintiffs to band together to share resources, like discovery or subpoenas. They also allow the courts to be more efficient with their resources allowing for one judge to hear the presentation of evidence and to rule on matters of law efficiently.