In Pennsylvania, train accidents, particularly derailments, are a significant concern due to the state's extensive railway system. Over the past decade, an average of 1,300 trains have derailed annually across the United States, making up 61% of all train accidents. As of October 2023, the Federal Railroad Administration recorded 742 train derailments, with Pennsylvania being one of the states with the highest number of these incidents. The Federal Railroad Administration (FRA) reports that Pennsylvania experienced fifty train incidents in 2019.
Train accidents in Pennsylvania that result in personal injuries highlight a critical area of concern within the state's transportation safety framework. Despite Pennsylvania's rich history with railroads and its extensive network of railway miles, accidents involving trains not only pose significant risks for derailments but also lead to personal injuries with alarming frequency. Recent data underscores the gravity of this issue, with Pennsylvania ranking among the states with the highest number of train derailments, a substantial portion of which involve injuries to individuals.
Those injured in a train accident may have the right to seek monetary compensation from the negligent party responsible for the accident, any associated injuries, and any fatalities. Should the disaster have been caused by the railroad company's negligence, they might be held liable for any injuries sustained by the passengers. Passengers who were injured in an accident caused by an operator error, track failure, derailment, or collision with another train may have the right to file a lawsuit.
If you or a member of your family has sustained an injury in the aftermath of a Pennsylvania train accident, your potential legal options and other important details are provided in the article that follows. If you have sustained injuries in a PA train accident, consult with the Pennsylvania train accident attorneys at Brandon J. Broderick. Contact us at your earliest convenience to arrange a free consultation. We are available to assist you in moving forward.
What Steps Should Be Performed Following a Train Accident in Pennsylvania?
Seeking medical treatment is crucial if you have been hurt in a train accident. It is essential to rule out internal injuries that may not exhibit symptoms until days or weeks after the accident occurred, even if you believe your injuries are not severe. In addition, visiting a doctor can prevent the insurance company or defendant from disputing the extent of your injuries.
After ensuring that you are safe, you should:
- Take photographs of the scene and any visible injuries with your smartphone
- Record the names and phone numbers of any possible witnesses
- Keep track of all medical treatment that you receive
- Preserve any evidence that you may have recovered from the scene
You should strongly consider consulting with an attorney in Pennsylvania who has experience with train accident cases. You can contact an attorney today at Brandon J. Broderick for a free consultation if needed.
In Pennsylvania, What Are the Most Common Causes of Train Accidents?
An Amtrak Northeast Regional train was passing through Philadelphia, Pennsylvania, on May 12, 2015. As the train neared a tight curve, the driver neglected to decrease speed.
The train derailed after taking a 50 mph bend at a speed of 106 mph. Out of the 243 individuals on the aircraft, 200 sustained injuries, and 8 lost their lives.
The most common causes of train accidents fall into the following five categories:
- Human factors: negligence, distraction, exhaustion, or intoxication-related human error.
- Track problems: issues with tracks, such as incorrect installation, unrepaired damage, or defects
- Equipment failure: equipment problems, due to poor design, poor manufacturing, or poor maintenance
- Signal problems: signal issues, such as software or electrical issues, that prevent the system from sending signals or cause it to send the incorrect signals
The United States Department of Transportation reports that the leading causes of train accidents are track issues (such as broken rails) and human error (such as neglecting to slow down when approaching a curve).
A significant proportion of train-related fatalities occur when an individual is struck while crossing a train track in the path of an approaching train. A defective traffic signal or a suicide could both contribute to this type of incident.
When a Train Accident Occurs in Pennsylvania, Who Is Liable?
Liability can be straightforward or challenging to determine, depending on the specific circumstances. The majority of the time, it is possible to determine how an accident occurred through examination of the accident's evidence. Frequently, multiple parties share responsibility for injuries sustained in a Pennsylvania train accident.
Railroad companies and employees are obligated to exercise the highest level of care to prevent causing injury to passengers, bystanders, or their property.
Railroad equipment manufacturers have a responsibility to exercise reasonable care towards everyone who may use or be affected by their products. If one of these duties is breached and an accident happens, the injured party has the right to file a lawsuit for negligence.
Among the parties that may be held liable are:
- Owners of tracks or stations, which may be private companies, the state government, Amtrak, or a transit agency
- Train conductors and engineers
- Transit agency or its staff
- State, local, or federal municipalities
- Companies responsible for the construction and upkeep of railroad tracks, trains, and other related equipment and machinery
- Manufacturer of railroad equipment
Railroad companies and manufacturers owe a duty of care, and the same responsibility applies to other drivers and pedestrians. Therefore, a driver who disregards a train crossing warning signal and causes an accident or a pedestrian who walks in front of a train can be personally liable for any resulting damages from the accident.
If the individual responsible for the accident dies as a result of the accident, the plaintiff might sue the deceased person's estate. If an innocent individual dies in a train accident, certain family members may pursue damages from the party at fault by filing a wrongful death lawsuit.
Common Carrier Liability
A common carrier is a company that transports people or goods from one location to another as part of its commercial operations. Railroad firms such as Amtrak are classified as common carriers and have an obligation to ensure the safety of passengers.
What obligations must a railroad company fulfill for passengers?
A railroad company has the responsibility to:
- Make sure that the trains and tracks are maintained regularly
- Guarantee that all personnel have the necessary training and education, including engineers and conductors, to oversee a train and its passengers
Either a private company or a public agency runs the train. Even a privately owned company such as Amtrak is required to comply with strict state and federal safety laws.
One of the federal standards pertains to the maximum number of consecutive hours a train engineer or operator can work without a break. Train crew personnel must ensure they have sufficient rest periods between shifts to properly operate the train. Fatigue poses a significant risk for trains.
What Damages Are Recoverable in Pennsylvania After a Train Accident?
Railroad accidents and car accidents are similar in terms of recoverable damages. In Pennsylvania, a person injured in a train accident can recover the following:
- Past and future medical expenses
- Lost wages
- Pain and suffering (physical and mental)
- Loss of consortium
- Wrongful death damages
The maximum amount of damages that can be recovered in a single train accident is limited to $295 million by federal law. The sum was raised from $200 million after the Philadelphia Amtrak crash. Congress passed the initial bill in 1997 as a compromise to assist the struggling railroad industry.
A Train Accident Attorney at Brandon J. Broderick Can Help You With Your Pennsylvania Personal Injury Claim Today
The liability in a train accident can be complicated. Brandon J. Broderick, Attorney at Law, with extensive experience and a proven track record, has assisted accident victims in Pennsylvania in pursuing justice for decades.
Train accidents can cause severe and life-altering injuries. If you or a loved one have sustained injuries in a train accident in Pennsylvania, contact us today for a free consultation. We are available 24/7. If you are unable to visit our office, our lawyers will come to you. We look forward to helping you.