Train and railroad companies have a greater legal responsibility compared to the other types of defendants in personal injury cases. They are responsible of keeping not only passengers and employees out of risk, but also bystanders.
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In cases of injured passengers, which vary from heart attacks to injured extremities, the company can be liable for starting without passengers safely seated or aboard, failing to maintain safe entrances, and more. The company’s liability begins whenever a passenger is under the carrier’s control or manifests an intent to board, and does not end until the passenger has safely left the train.
Railroad workers are vulnerable to accidents that could cause catastrophic injuries. Cases include slip and fall injuries, exposure to toxic chemicals, and fatalities due to malfunctioning equipment. The company is legally responsible for failing to provide a safe work environment.
Bystanders, on the other hand, are almost exclusively involved in train and car collisions. In these cases, train companies can be found responsible for poor cross sections conditions, or not having proper signaling for those who are crossing to be aware of trains crossing. As a matter of fact, collisions between trains and cars account for the majority of train accidents across the nation. According to the Federal Railroad Association, there are more than 2,000 collisions every year in public and private crossings.
Several factors determine the value of a train accident case:
