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FREIGHT · COMMUTER · CROSSING

Train Accidents

OVERVIEW

Train cases involve freight railroads, passenger commuter systems, and grade-crossing collisions. They are governed by the Federal Railroad Administration and a thicket of preemption doctrines that often determine which state-law claims survive. Railroads are sophisticated defendants with internal claims teams that mobilize within hours of an incident. Effective representation requires immediate site preservation and a litigator who understands federal preemption, signal-and-warning standards, and the operational realities of mainline railroading.

01

Common Causes

  • Failed or absent crossing warning systems
  • Excessive speed for track or weather conditions
  • Track and signal maintenance failures
  • Crew error, fatigue, or impairment
  • Defective locomotive or rolling-stock equipment
  • Inadequate vegetation control limiting sight distance
02

Who Can Be Held Liable

  • The railroad operator
  • Track and infrastructure owners
  • Equipment manufacturers
  • Signal and crossing maintenance contractors
  • Government entities responsible for crossing design
03

Evidence We Preserve

  • Event recorder and locomotive black-box data
  • Crossing signal logs and circuit recordings
  • Train crew radio and dispatch communications
  • Track inspection and maintenance records
  • Surveillance and dashcam footage
  • FRA accident reports and investigation files

Statutes of Limitation

Every state imposes a strict deadline to file suit. In some states, claims must be filed within one or two years of the injury or death. Once that deadline passes, the case is gone forever. Federal claims and claims against government entities can have even shorter notice requirements — sometimes as little as ninety days. Do not assume you have time.

Why Acting Quickly Matters

Critical evidence disappears in days, not weeks. Black-box data is overwritten. Surveillance footage is recycled. Witnesses move. Defendants and their insurers begin building their case the moment an incident occurs. The injured family deserves a litigation team moving just as fast.

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