Traveling by train is one of the safest forms of transportation. Most people on trains reach their destinations safely without any significant incidents. When derailments do occur, they frequently do not result in major injuries or catastrophic property damage.
Statistically, there are an average of three train derailments every day in the United States, and most of them are minor enough that they do not even make the news. Frequently, they involve cargo trains rather than trains transporting people.
Occasionally, derailments can have very serious consequences for the people on board. When passenger trains derail, people can sustain significant injuries. They may have medical expenses, property damage losses and lost wages to address.
Who is typically liable for a train derailment?
The company operating the train
Derailments are often the result of human error. The conductor operating the train might increase the speed to an unreasonable level or fail to decelerate when approaching a turn or junction point. They may fail to follow appropriate safety procedures, resulting in the train going off the rails.
Even in cases where a derailment is clearly the result of one worker’s mistake, the individual typically does not bear the burden of financial responsibility. Under vicarious liability rules, employers are typically responsible for the mistakes made by their employees. The company that sold the ticket and operated the train is often liable for the damages passengers sustain in the event of a derailment.
Outside businesses
The railroad infrastructure in the United States requires constant maintenance. There are numerous organizations that help maintain, expand and repair existing railway infrastructure. In scenarios where a derailment is the result of infrastructure issues, the businesses that performed work on the section of track where the derailment occurred might technically be liable.
Other times, there may be issues with the quality of the steel in the rails or with the components inside the train. Manufacturers and repair specialists can also potentially be liable when a derailment causes serious injuries and property damage losses.
Determining who may be liable for a train derailment can be a complicated and even frustrating process. Working with a legal professional to evaluate the situation can prove beneficial. Those injured by train incidents may require the guidance of a legal professional familiar with complicated personal injury litigation, and that’s okay.