Articles Posted in Train Accidents

With reports of four train accidents in two months, the holiday season exposed the dangers and risks of rail travel. In Texas, a freight train tragically crashed into a Veterans Day parade, killing four veterans and injuring 16. A week later, another commercial train derailed in New Jersey when a rail bridge collapsed. Two Amtrak passenger trains also collided with idle vehicles on the tracks in Florida and Michigan.

These four accidents shed light on the issue of railroad safety in the United States. Railroad accidents continue to occur despite stringent federal and state regulations, which require railroad companies to exercise a high duty of care. As the National Transportation Safety Board continues to search for answers in these train accidents, it will be interesting to see if changes will be made to improve rail safety in the future.

In addition to federal and state regulations, most states have laws in place that designate trains as “common carriers,” and an injured rail passenger may have legal recourse under a “common carrier” theory of liability. These laws impose a more stringent duty of safety on railroads. Typically, a common carrier is legally responsible for any damage or loss to passengers, property or goods that are within its possession.

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An Amtrak Train carrying over 70 passengers derailed in Michigan this week after colliding with a large truck that was stuck on its tracks. The accident sent 10 people to the hospital. This accident follows a string of recent Amtrak crashes over the past year, including two Louisiana Amtrak accidents that occurred in less than 24 hours last April.

In 2011 alone, there were over 10,000 train accidents in the United States. Many of these accidents occur at railroad crossings. Railroad crossings can be extremely dangerous junctures and often present challenging legal questions. As a common carrier, train operators are required by law to exercise a greater duty of care when operating the train. Nevertheless, it is often difficult to pinpoint the negligent actor in a railroad crossing accident.

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In April, three train accidents occurred within a 24-hour period in Louisiana. The first collision occurred in Jefferson Parish, when a driver, attempting to beat an oncoming Amtrak passenger train, collided with the train. Tragically, the driver was killed in the accident. The second collision involved another Amtrak train that collided with an 18-wheeler near Slidell and derailed off the tracks. Fortunately, the passengers, crew, and 18-wheeler driver only suffered minor injuries. The third collision occurred in Calcasieu Parish, where an Amtrak passenger train struck and killed a woman walking over the railroad tracks. The accidents raise serious concerns about train safety in the state.

Louisiana is ranked fourth in the nation for automobile-train crash fatalities. Louisiana has statutes in place to promote safety at railroad crossings. La. R.S. § 32:171 requires drivers approaching a railroad crossing to obey railroad signals and to stop at least 15 feet from railroad tracks when a signal indicates an approaching train. An individual who violates the statute may be subject to hefty fines and safe driving courses. Train operators are also required to use horns to warn vehicles prior to approaching railroad crossings and to operate trains with the utmost degree of safety and diligence. These statutes establish a duty of care for both train operators and drivers.

In cases involving train accidents, courts apply a negligence analysis. If a train carries passengers, the train is considered a “common carrier” under state law. A common carrier owes a heightened duty of care to its passengers. Under Louisiana jurisprudence, a common carrier should exercise the highest degree of care, skill, and diligence in transporting passengers. If a common carrier breaches this duty, it may be held liable for even the slightest negligence.

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