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Power, Rogers & Smith: Train Accidents

Power Rogers & Smith are train accident attorneys based out of Chicago, Illinois, providing legal counsel to victims who suffer train accident injury because of transportation service negligence. Here are some common questions that plaintiffs have about train accident cases and settlements:

If I suffer a train accident injury, can the transportation service be liable?
Transportation service might be if it was negligent, as a result of which you were injured. The federal government has created few regulations as to the liability of common carriers to passengers injured while using a common carrier. In most situations, individual state law applies in determining whether a common carrier is liable for personal injuries. In most states, the general rule is that a common carrier may be liable for personal injuries to passengers. A common carrier is generally required to use the highest degree of care, diligence and vigilance in the transport of its passengers to the appropriate destination. The carrier must have the necessary equipment and a reasonable degree of skill to carry out the transportation of passengers.

What constitutes train accident negligence?

Failure to use reasonable care while operating a train constitutes negligence. Determining who was at fault in any train accident means figuring out who was negligent, and thus responsible for causing the accident. If your injuries are the result of an operator's failure to use reasonable care while operating the train, then you might have a valid claim.

What is the NTSB?
The National Transportation Safety Board ("NTSB") is an independent federal agency with jurisdiction over train accidents in the United States. The NTSB issues safety recommendations aimed at preventing future accidents. The NTSB also conducts special studies of transportation safety issues of national significance.

What role does the FBI play in the investigation of a train accident?
The FBI's role is to investigate the possibility of sabotage or some other criminal act that may have contributed to an accident. Though the FBI is consulted in many large train accidents, it takes over jurisdiction only in rare cases where criminal acts form the reason for the accident.

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