Train accidents are somewhat rare, but when they do happen, the consequences are often devastating.
In most of these accidents, at least one entity will be held accountable for injuries or deaths that occur. Now, the question is who?
More often than not, the answer lies in the cause of the event. Below are some of the most common causes of train accidents and the potential liable parties associated with each one.
Railroad companies
Railroad companies are primarily responsible for operating and maintaining trains and tracks. If the accident stems from factors such as poor maintenance or inadequate safety protocols, they may have major liability in the case.
Train operators or engineers
These professionals are in charge of controlling the train safely. Crashes can occur if they deviate from standard protocols such as speeding or failing to obey railroad signs. While they will most likely be liable for any injuries that occur from their negligence, their employer will also be accountable.
Subway companies
Subway companies operate underground or elevated rail systems in urban areas such as Minneapolis’ light rail system. Accidents associated with these operators typically include platform incidents such as passengers falling in the gap between the train and the platform. However, they can also include collisions or derailments.
Companies are likely to be responsible for injuries caused by negligence, including poor maintenance, lack of staff training and inadequate responses to emergency situations.
Drivers of other vehicles
Train accidents involving just the trains themselves are not common. Collisions between trains and other vehicles are far more frequent, and they usually occur at railroad crossings.
In most cases, these crashes happen because of a driver’s negligence. Common causes include:
- Ignoring railroad signals
- Distracted driving
- Attempting to drive past the tracks before the train passes
- Driving while intoxicated
However, the operator may share some, if not all, of the responsibility if faulty crossing equipment played a role. For example, malfunctioning warning lights may lead to drivers being unaware of the oncoming train.
You have options for recovery
Knowing who may be liable for your injuries can help you decide the next best course of action.
If you, as a train passenger, sustain an injury because of someone else’s negligence, it is possible to pursue legal action against them. With the help of a personal injury lawyer, you might be able to recover compensation for medical bills, distress and other damages you suffer.