Train Accident FAQs
Common questions & answers for victims of train-related accidents.
Are there safety regulations that control what kinds of warnings and safety equipment are installed on railroad crossings?
There and state and federal regulations in place that govern the safety of railroad crossings, but safety devices such as lights, barriers and audible warnings are not mandated for every railroad crossing. This determination is typically made by state regulatory agencies. It is interesting to note that only about 20 percent of railroad crossings in the United States employ warning lights and barriers.
Is it OK to walk, jog or ride bikes on railroad right of ways?
No. Railroad right-of-ways are private property and are very dangerous.
What is the most prevalent cause of non-employee railroad fatalities in the United States?
The Federal Railroad Administration reported that in 2006, trespass fatalities, the number one cause of all rail-related deaths, increased by 14.5 percent to 530. In addition to children playing near the tracks and on rail bridges, this includes those who jog, ride bikes, fish and walk near or over tracks.
What does the term "negligence" mean and how is it applied to train accident claims?
Negligence refers to culpability or blame assigned to an individual or entity that has neglected to exercise the level of responsible behavior required to prevent harm in a given circumstance. In the case of train accident claims, negligence refers the behavior of railroad employees, management, operators, and owners that contribute to train accidents and resulting injury and death. Negligence in these circumstances is often determined at trial by a jury.
What is the most common cause of train passenger injury?
By far, most train passenger injuries occur on railroad property while traveling to a train, boarding a train, or leaving a train.
What is the most common type of train accident?
According to Operation Lifesaver®, a train-safety organization, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States. There are over 1,600 accidents at train crossings every year.
Who is responsible for railroad safety regulations?
At the federal level, the Federal Railroad Administration (FRA), the Occupational Safety and Health Administration (OSHA), and the Department of Transportation (DOT) share regulatory responsibility for railroad safety with the FRA having the responsibility for primary oversight. Each state has regulatory bodies that regulate and inspect railroad operations in their state.
For a free consultation with an experienced attorney, contact a railroad injury attorney online or phone Arnold & Itkin LLP toll free at (866)222-2606.
