What happens and who may be responsible
Collisions and derailments can involve locomotives, freight trains, work trains, railcars, or other on-track equipment. Serious injuries may result from impact forces, sudden stops, overturned equipment, shifting cargo, fire, or workers being thrown or crushed during the incident.
Depending on the facts, responsibility may involve:
- Defective or damaged track
- Switch failures
- Signal or communication problems
- Improper train handling
- Excessive speed
- Brake or mechanical failures
- Improperly secured equipment
- Inadequate inspection or maintenance
Federal Railroad Administration (FRA) accident classifications recognize track, signal, equipment, and train-operation causes among the categories that may contribute to train accidents.
How FELA applies here
A collision or derailment does not automatically establish railroad negligence. The issue is whether the railroad, its employees, equipment, or working conditions contributed to the incident and resulting injury.
That may require reviewing track inspection records, maintenance history, signaling systems, train handling, operating rules, crew communications, equipment condition, and decisions made before the event.
Serious collision and derailment cases may involve multiple contributing factors, which is why reconstructing the sequence of events can be critical.
Safety bulletin
Injured in a Train Collision or Derailment? Do this now.
1
Document the train and location
Record locomotive numbers, train identifiers, the location, equipment involved, and what happened immediately before the incident.
2
Identify witnesses and crew members
Write down the names of coworkers, supervisors, dispatchers, or others who witnessed the event or knew about conditions beforehand.
3
Talk to a FELA lawyer before signing important documents
Statements, releases, authorizations, or other paperwork may affect your rights after a serious railroad injury.
Common issues in collision and derailment cases
- Track defects
- Broken or damaged rail
- Switch failures
- Signal malfunctions
- Improper train handling
- Excessive speed
- Brake failures
- Wheel, axle, or bearing failures
- Communication breakdowns
- Inadequate inspections
- Poor maintenance
- Improperly secured equipment
Injuries from train collisions and derailments
Because collisions and derailments can involve significant force, the resulting injuries may be severe. These incidents may cause:
- Traumatic brain injuries
- Spinal cord injuries
- Crush injuries
- Amputations
- Fractures
- Burns
- Internal injuries
- Shoulder and knee injuries
- Back and neck injuries
- Fatal injuries
What a collision or derailment case may be worth
The value of a FELA case depends on the severity of the injury, medical treatment, ability to return to railroad work, lost earnings, future limitations, and the evidence showing railroad negligence.
There is no standard value for a collision or derailment claim. Serious cases must be evaluated based on the worker’s actual medical, employment, and liability evidence.
Evidence that may matter
Important evidence can include:
- Event recorder data: Records may show speed, braking, throttle position, and other train-operation information.
- Track inspection records: These may identify prior defects, maintenance issues, or concerns involving track, switches, or roadbed.
- Signal and dispatch records: These can help reconstruct train movements, routing decisions, and communications.
- Mechanical inspection records: Maintenance documents may reveal problems involving brakes, wheels, axles, bearings, or other equipment.
- Radio and crew communications: Communications may help establish instructions, warnings, and decisions made before the incident.
- Photos, video, and scene evidence: Images of the track, equipment, damage, switches, signals, and surrounding conditions may help preserve what existed immediately after the event.