Common Causes of Train Derailments
Train derailments result from various forms of negligence and equipment failure:
- Track Defects: Broken rails, worn tracks, improper gauge, and inadequate inspection
- Equipment Failures: Defective wheels, brakes, axles, and coupling mechanisms
- Human Error: Operator fatigue, distraction, speeding, and improper signal compliance
- Improper Loading: Overloaded cars, shifting cargo, and weight distribution issues
- Weather and Debris: Flash floods, rock slides, and obstacles on tracks
- Signal Failures: Malfunctioning crossing signals and train control systems
Who Can Be Held Liable?
Multiple parties may be liable for a train derailment:
- Railroad Companies: For negligent maintenance, operations, or policies
- Train Manufacturers: For defective locomotives or cars
- Track Owners: For failing to maintain safe track conditions
- Maintenance Contractors: For negligent repairs or inspections
- Cargo Companies: For improper loading of freight
- Government Entities: If publicly owned rail infrastructure was defective
Types of Compensation Available
Derailment victims may recover compensation for:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress and PTSD
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage
- Wrongful death damages for families
Major derailments often result in multi-million dollar settlements and verdicts.
The Investigation Process
Derailment investigations involve multiple agencies and experts:
- NTSB: Investigates major accidents to determine cause
- FRA: Enforces safety regulations and may issue citations
- Private Investigators: Attorneys hire experts to preserve evidence
Critical evidence includes event data recorders ("black boxes"), track inspection records, maintenance logs, and employee records. Acting quickly to preserve this evidence is essential.
Class Actions vs. Individual Lawsuits
Mass derailments may lead to class action lawsuits where victims join together. However, individual lawsuits may be more appropriate if your injuries are severe, as class actions tend to result in standardized (often lower) compensation.
An experienced train accident attorney can advise whether joining a class action or pursuing an individual claim better serves your interests.