Typically train accident or railroad accidents are considered common carrier accidents. Train operators and local railroads and other common carriers are held responsible if the accident resulted from a failure of the railroad to meet the high standard of care required. This means that train operators and railroads can be held responsible for even the slightest negligence.
In addition to train accidents and crashes railroads may be liable for injuries caused from any element within their control including slip and falls on railroad platforms, or an injury resulting in defective railroad crossing.
If you have been injured on a train or railroad it is essential that you contact a lawyer quickly as there are very short statutes of limitations in many states. Some railroads are owned or operated by government entities. In these cases, laws called “tort claims acts” may apply to injuries caused by the railroad. Tort claims acts usually require that the government entity be given notice of the injury within a very short time, and prohibit the filing of a lawsuit unless the proper notice is given.