How Do I Get Compensation For A Train Accident?

Trains are not an exciting mode of transportation. For instance, many Florida citizens regularly take the Brightline train, and if you’re one of them, you’re aware of how boring these rides can be. 

However, even if traveling on a train seems safe and uneventful, train accidents are not that uncommon, and if you’re unlucky, they could lead to severe injuries.

Fortunately, victims of train accidents can recover compensation if the accident occurred due to the train operator’s or the railroad’s negligence.

So if you’ve been wondering how do I get compensation for a train accident, you’ve come to the right place. 

What leads to train accidents

Generally speaking, traveling by train is one of the most reliable methods of transportation out there. Due to plenty of safety precautions and high maintenance standards demonstrated by railroad companies, most accidents actually happen due to human error.

Still, the equipment, while robust, can fail and there’s always a possibility of other vehicles or people interfering with the train. With that said, here are the most common reasons for railroad accidents:

• Fatigued or distracted conductor
• Negligent behavior from the conductor
• Inexperienced conductor
• Drunk driving
• Inadequate warning devices
• Crossing gate malfunctions
• Poor track maintenance
• Insufficient communication between train operators
• Equipment malfunction or failure
• Defective train parts
• Vehicles or people on the tracks

Figuring out why a train accident came about could take months, which is why you should get in touch with a personal injury attorney as soon as possible. They can conduct a private investigation into the matter, helping you resolve the issue swiftly, regardless of whether you get hurt in a derailment or auto-train collision.

Are you eligible to receive compensation for a train accident?

Before considering how do I get compensation for a train accident, you first need to consider the circumstances. To be entitled to financial compensation, you have to meet certain criteria. For starters, you must not have caused the event and you must have suffered bodily or emotional harm. 

If you were struck by a train while in a car, it’s important to factor in how you were hit. In some cases, defective lights or crossing gates could have caused you to collide with a train, or maybe poorly designed gates were to blame. 

But if you collided with a train because you tried beating the gate, you’re probably to blame for the accident. 

A similar thing applies to situations in which you were the passenger on a train. Railroad companies have a duty of care to their passengers, which makes it easy to hold them liable. Depending on the circumstances, you may have a claim against multiple parties (more on that in a minuter). 

If you believe that you have a valid claim, you can recover compensation for the following damages:

• Medical costs
• Lost wages and loss of earning capacity
• Property damage
• Emotional distress 
• Pain and suffering
• Loss of enjoyment of life
• Scarring or disfigurement

Who can be held liable for a train accident?

For a suit to be legitimate, you must identify the legal entity or the person at fault for the accident. Since operating a train involves multiple parties (apart from the conductor), any mistake can cause injury to the passengers or other people. 

This means there might be more liable parties involved than just the individual who was “driving” the train.

These are the individuals who could be held liable:



• Conductor - a careless mistake on the part of the conductor can lead to a crash. Regardless of whether they were inexperienced, tired, or operating a train intoxicated, they can be held liable for what transpired.
• Train company - businesses are liable for the actions of their employees. Additionally, if poor maintenance or background checks when hiring are a direct cause of the accident, you can also sue the company. 
• Track owners - a third-party company could have owned a portion of the track on which the accident occurred. These companies are required to inspect and maintain the tracks regularly, and if they fail to do so, they can be held liable if their negligence results in an accident.
• Train manufacturer - if a defect in manufacturing or designing was a contributing factor to the accident, the company that manufactured the train can be held responsible. 

Determining who is at fault requires a great deal of legal expertise, which is why hiring a personal injury attorney is necessary to file a successful lawsuit. 

What to do after a train accident

To maximize the compensation you can receive and exponentially increase your chances of success, you should do the following right after the unfortunate event:

• Take photographs: if you’re able, photograph the wreckage and your injuries. This can help your attorney demonstrate the events to the jury.
• Seek immediate medical attention: even if you suffered light injuries, visit a physician and seek treatment. 
• Contact your insurer: inform your insurance provider of the event that happened and notify them of your injury and property damage. Do this as soon as possible as some providers have short deadlines for making this report.
• Document all information related to the accident: make a journal that describes in detail everything surrounding your accident. This may include the timeline of events and who’s responsible, but it’s also useful to document your recovery and your challenges following the injury. 

Fight for your legal rights

You may have suffered minor injuries, but it still doesn’t mean that you don’t deserve to be fairly compensated for what you went through. Sadly, establishing fault is anything but easy, which is why you should consult a legal professional before making any legal decisions. 

Attorneys at the Law Offices of RITE have represented many victims of train accidents and have a positive track record. We only work on a contingency fee (we don’t get paid if you don’t get paid) and we’ll do everything in our power to achieve ample compensation in your personal injury case - after all, your victory is our victory too. 

Book your free case evaluation by ringing (904) 500-RITE (7483) or sending an email to info@rite4justice.com. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.