Train Pedestrian Accidents: Your Legal Rights

Pedestrian train accidents happen in various locations:

• Railroad Crossings: Pedestrians struck while crossing tracks
• Train Stations: Platform accidents, gaps, and overcrowding
• Walking Paths: Trails and sidewalks near or across tracks
• Railroad Right-of-Way: People taking shortcuts across tracks
• Rail Yards: Workers and trespassers in switching areas

Railroads have legal obligations regarding pedestrian safety:

• At Crossings: Must provide adequate warnings appropriate to the danger
• Known Trespass Areas: Must take reasonable steps where people are known to cross
• Attractive Nuisances: Special duties near places children may be attracted
• Stations: Must maintain safe platforms and provide adequate warnings
• Train Operation: Must keep proper lookout and warn of approach

Railroads often claim pedestrians were trespassing, but this defense has limits:

• If the railroad knew people regularly crossed at a location, it may have a duty to warn or fence the area
• Railroad employees must still exercise reasonable care even toward trespassers
• Children receive special protections under attractive nuisance doctrine
• The trespasser status may reduce but not eliminate the railroad's liability

Railroads may be negligent in pedestrian accidents due to:

• Failure to install adequate fencing at known crossing points
• Inadequate warning devices at crossings
• Obstructed sight lines not addressed
• Train operators failing to sound horn or keep lookout
• Excessive speed through populated areas
• Poor lighting at stations and crossings
• Dangerous platform conditions

When pedestrian train accidents are fatal, surviving family members may file wrongful death claims seeking:

• Loss of financial support
• Loss of companionship and guidance
• Funeral and burial expenses
• The decedent's pain and suffering before death
• Punitive damages in egregious cases

These claims are brought by spouses, children, parents, or the estate depending on state law.