Critical Evidence in Train Accident Cases
Key evidence that must be preserved includes:
- Event Data Recorders: Train "black boxes" that record speed, braking, and operations
- Video Footage: Surveillance cameras on trains, at stations, and at crossings
- Track Inspection Records: Documentation of track conditions and maintenance
- Equipment Maintenance Records: Service history for trains and signals
- Employee Records: Training, schedules, and any disciplinary history
- Radio Communications: Dispatch and crew communications around the incident
- Prior Incident Reports: Previous accidents or near-misses at the location
The Race Against Evidence Destruction
Railroads often move quickly after accidents:
- Trains may be moved and repaired within hours
- Track may be repaired and reopened rapidly
- Video footage may be overwritten on short cycles
- Witness memories fade quickly
- Physical evidence at the scene deteriorates
An experienced train accident attorney will immediately send spoliation letters demanding preservation of all evidence and may seek emergency court orders to prevent destruction.
Official Investigations
Multiple agencies may investigate train accidents:
- NTSB: Investigates major accidents; reports can take 1-2 years
- FRA: Federal Railroad Administration enforcement investigations
- State Agencies: State transportation or public utility commissions
- Local Police: Criminal investigations in fatal accidents
While these investigations are ongoing, evidence is typically preserved. However, waiting for official reports may delay your claim. Your attorney can conduct an independent investigation simultaneously.
What You Should Document
As a victim or witness, document what you can:
- Photograph the accident scene from multiple angles
- Note the position of vehicles, trains, and people
- Record weather and lighting conditions
- Get names and contact information of all witnesses
- Note any statements made by railroad employees
- Keep all medical records and receipts
- Document your injuries with photos over time
Expert Investigation
Train accident attorneys work with various experts:
- Accident Reconstructionists: Determine how the accident occurred
- Railroad Safety Experts: Evaluate compliance with regulations
- Signal Experts: Analyze whether warning systems functioned properly
- Medical Experts: Document injuries and causation
- Economic Experts: Calculate financial losses and future damages