Attorney Joumana Kayrouz

Railroad & Train Accidents

Specialized Accident Claims

Rail crossings and derailments leave little room for survival.

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Overview

Trains carry enormous force and stop slowly, so their crashes are devastating. When a railroad's negligence caused the harm, specific laws shape how the claim is pursued.

Railroad & Train Accidents

A railroad accident can turn an ordinary trip, workday, or drive home into a life-changing event. Passengers, railroad workers, motorists, and pedestrians can suffer catastrophic injuries in seconds. Families may suddenly face medical bills, lost income, disability, or the devastating loss of someone they love.

Railroad cases can also become complicated quickly. Federal and state laws may apply, and several parties could share responsibility. At Joumana Law, we believe injured people deserve to be heard, protected, and treated with dignity. Our focus is finding what went wrong, identifying who may be responsible, and pursuing the accountability our clients deserve.

What Types of Railroad and Train Accidents Can Lead to Injury Claims?

Passenger Train Accidents

Passengers expect a train operator to take reasonable measures to transport them safely. A serious incident can expose passengers to violent impacts, falls, fires, or other hazards. Passenger injuries may arise from:

  • Train collisions
  • Derailments
  • Sudden impacts or movements
  • Unsafe boarding or exiting conditions
  • Equipment failures
  • Track or signal problems
  • Other unsafe conditions involving railroad operations

Responsibility depends on the facts. The train operator, railroad company, equipment manufacturer, contractor, or another party could potentially be involved.

Freight Train Accidents

Freight trains can be massive, heavy, and difficult to stop quickly. A collision or derailment may cause devastating injuries to workers and people nearby. Some freight trains also carry hazardous materials. That can create additional risks if cargo spills, catches fire, or contaminates the surrounding area.

A freight accident investigation may examine the train’s operation, track conditions, maintenance history, cargo, equipment, and safety procedures.

Train Derailments

A derailment occurs when a train leaves its tracks. The consequences can range from passenger injuries to large-scale crashes involving multiple rail cars. Possible contributing factors may include:

Damaged or defective tracksImproperly maintained infrastructureExcessive speedEquipment failureSwitch problemsHuman errorSignal failuresMaintenance deficiencies

The immediate cause may not tell the entire story. Investigators may need to examine decisions and safety failures that occurred long before the derailment.

Railroad Crossing Accidents

Highway-rail grade crossings are places where roads and railroad tracks meet at the same level. These locations can become deadly when a vehicle and train collide. The Federal Railroad Administration reports more than 2,000 grade-crossing incidents nationally each year. More than 200 people die in these incidents annually. Crossing accidents are the second-leading cause of rail-related deaths in the United States.

An investigation may consider:

Whether warning lights operated correctlyWhether crossing gates worked properlySightline or visibility problemsTrain speedAudible warningsSignal operationTrack and crossing conditionsActions of the train crewActions of the motorist

Fault should never be assumed from the fact that a collision happened on railroad tracks. Evidence matters.

Pedestrian and Train Collisions

Pedestrians can be seriously injured or killed near railroad crossings, stations, platforms, yards, and tracks. These cases can involve difficult questions about warnings, visibility, access, and responsibility. The location of the collision matters. So do the pedestrian’s actions and the railroad’s conduct.

A thorough investigation may determine whether dangerous conditions contributed to the incident. It may also reveal whether reasonable safety measures were missing or failed.

Railroad Employee Claims

Railroad workers face hazards that most people never encounter during a normal workday. Engineers, conductors, maintenance workers, yard employees, and track crews can work around massive moving equipment. An injured railroad worker should not assume the claim will work like an ordinary Michigan workers’ compensation case. Workers on interstate railroads are generally covered by the federal Federal Employers’ Liability Act, commonly called FELA. Michigan’s workers’ compensation agency specifically recognizes this distinction.

FELA allows qualifying railroad employees to pursue damages when railroad negligence contributed, in whole or in part, to an injury. The statute also addresses injuries caused by certain negligent defects or deficiencies involving railroad equipment and infrastructure.

Every worker’s circumstances are different. Employment status, job duties, railroad operations, and the cause of injury can affect which law applies.

What Causes Railroad and Train Accidents?

Human and Operational Errors

Railroad operations depend on people following detailed safety procedures. A serious mistake can place passengers, workers, motorists, and pedestrians at risk. Potential issues can include:

Excessive speedFailure to obey signalsCommunication failuresInadequate trainingFailure to follow operating proceduresFatigue or distractionUnsafe switching or movement procedures

The Federal Railroad Administration continues to issue safety guidance addressing railroad operating practices. For example, a 2025 advisory addressed procedures for certain train movements across highway-rail crossings. The agency emphasized job briefings, visual assessments, training, and operational testing.

Track and Infrastructure Problems

A train depends on a complex network of rails, switches, signals, roadbeds, crossings, and related infrastructure. Problems with that infrastructure may contribute to a serious accident. Investigators may examine broken rails, damaged track, malfunctioning switches, signal issues, or inadequate maintenance.

Maintenance records can become especially important. They may help show when a problem developed and whether someone knew about it before the accident.

Train and Equipment Failures

Mechanical systems must function under enormous forces. A failure involving brakes, wheels, couplers, signals, or another component can have serious consequences. Sometimes the question is whether equipment was maintained properly. Other cases may involve an allegedly defective component or system.

That distinction matters because different businesses could potentially bear responsibility.

Maintenance and Safety Failures

Safety depends on more than fixing something after it breaks. Railroads and responsible contractors may have inspection, maintenance, and operational duties. An investigation may examine whether a hazard was identified but left uncorrected. It may also examine whether required inspections were performed properly.

Records can help establish a timeline. They may show whether a preventable problem was allowed to become dangerous.

Who May Be Responsible for a Railroad or Train Accident?

Railroad Companies and Operators

A railroad or train operator may face liability when its negligence causes or contributes to an injury. Depending on the case, an investigation might focus on:

Train operationEmployee trainingSupervisionInspection practicesMaintenanceSafety proceduresSignals or warningsResponse to known hazards

Liability must be established through evidence. A serious injury alone does not prove negligence.

Equipment and Component Manufacturers

Some crashes may involve allegedly defective equipment. A manufacturer, distributor, or other business could potentially become part of the investigation. These cases can require technical analysis. Experts may need to examine whether a component failed and why.

A defect claim is different from a claim based on poor maintenance. Determining the actual cause is critical.

Track Owners and Maintenance Contractors

The company operating a train may not own every piece of infrastructure involved. Other entities may be responsible for tracks, signals, crossings, inspections, repairs, or related services. Contracts and maintenance agreements may help determine who controlled a particular safety responsibility.

That is why identifying every relevant party matters.

Government and Public Entities

Some passenger rail systems, crossings, and transportation infrastructure involve government agencies or public entities. Claims involving public bodies may have different procedures, defenses, notice rules, or deadlines. The specific entity and applicable law must be identified before conclusions can be reached.

People should not assume an ordinary personal injury timeline automatically applies to every railroad case.

Motorists and Other Third Parties

A railroad company is not automatically responsible for every train accident. Another driver, contractor, property owner, equipment company, or third party may have contributed. Several parties can sometimes share responsibility for the same incident.

A careful investigation follows the evidence instead of beginning with assumptions.

Railroad Employees May Have Different Legal Rights

Railroad workers deserve special attention because their claims can operate under a different legal framework. Michigan’s Department of Labor and Economic Opportunity states that people working on interstate railroads are covered by FELA rather than Michigan’s Workers’ Disability Compensation Act.

What Is FELA?

The Federal Employers’ Liability Act is a federal law addressing certain injuries suffered by railroad employees. Under 45 U.S.C. § 51, a qualifying railroad carrier can be liable when its negligence contributes to an employee’s injury. The statute also addresses certain defects or deficiencies caused by railroad negligence involving tracks, equipment, machinery, and other railroad property.

FELA is not simply another name for workers’ compensation. Negligence and the circumstances surrounding the injury can be central to a FELA claim.

What Types of Railroad Worker Injuries May Occur?

Railroad work can expose employees to moving equipment, heavy machinery, uneven surfaces, repetitive physical demands, and dangerous work environments. Potential incidents include:

Train and rail-car collisionsSwitching and yard accidentsFallsEquipment failuresTrack maintenance accidentsCrush injuriesRepetitive or cumulative injuriesInjuries involving unsafe work conditions

An injury does not automatically establish a FELA claim. The facts must support the legal requirements.

What If the Railroad Worker Was Partly Responsible?

FELA contains its own rules concerning contributory negligence. Under 45 U.S.C. § 53, an employee’s contributory negligence does not necessarily bar recovery. Damages can generally be reduced according to the employee’s share of negligence, subject to statutory exceptions.

This is another reason railroad employees should not evaluate their rights based on assumptions about ordinary injury claims.

What Injuries Can Railroad Accidents Cause?

Traumatic Brain Injuries

A violent impact can cause the brain to move inside the skull. A person does not always need to lose consciousness to suffer a brain injury. Symptoms can affect memory, concentration, balance, mood, sleep, and daily functioning. More severe brain injuries can require extensive rehabilitation. They may also change a person’s ability to work or live independently.

Spinal Cord, Neck, and Back Injuries

Train collisions and derailments can place tremendous force on the body. Victims may suffer disc injuries, fractures, nerve damage, or spinal cord trauma. Severe spinal cord injuries can cause partial or complete paralysis. These injuries can affect far more than medical expenses. A person’s home, career, transportation, and long-term care needs may all change.

Amputations and Crush Injuries

Railroad equipment is extremely heavy. A person trapped between rail cars, machinery, vehicles, or wreckage can suffer devastating crush injuries. Some injuries may require amputation. Others can cause permanent nerve, muscle, or vascular damage.

These cases often require careful consideration of future medical and rehabilitation needs.

Burns and Internal Injuries

Fires, electrical hazards, hazardous materials, and severe impacts can cause burns or internal injuries. Internal trauma may not always be obvious immediately. Prompt medical evaluation can be important after a significant collision.

Medical professionals should determine the appropriate diagnosis and treatment.

Emotional and Psychological Harm

Surviving a catastrophic collision can affect more than the body. Some people struggle with anxiety, fear, sleep problems, or other psychological effects afterward. The emotional consequences may be especially significant after witnessing severe injuries or death.

The legal significance of these harms depends on the circumstances and applicable law.

Fatal Train Accidents and Wrongful Death

Some families never get the chance to welcome their loved one home.

Michigan Wrongful DeathA fatal railroad collision can leave a family grieving while bills, financial responsibilities, and unanswered questions continue. Depending on the circumstances, surviving family members or a personal representative may have rights under applicable wrongful death law.

No legal case can replace a person. A wrongful death claim can, however, provide a legal mechanism for pursuing accountability and legally recoverable damages.

What Should You Do After a Railroad or Train Accident?

Seek Appropriate Medical Care

Get medical attention after a serious accident, especially if you have pain or unusual symptoms. Some injuries become more noticeable with time. Tell medical professionals what happened and describe your symptoms accurately. Continue with medically recommended care. Your treatment decisions should be made with qualified healthcare professionals.

Document the Accident When Safely Possible

Evidence can disappear quickly. If circumstances allow, useful information may include:

Photos or videosThe exact accident locationCrossing signs and signalsWitness names and contact informationPassenger tickets or travel recordsVehicle informationRailroad or train identificationIncident reports

Never put yourself in danger to gather evidence near active railroad tracks.

Preserve Your Records

Keep documents connected with the accident and your injuries. These may include medical records, bills, wage information, receipts, photographs, and correspondence. Railroad employees should also preserve relevant employment and incident information they lawfully possess.

Do not alter documents or obtain materials you are not legally entitled to access.

Be Careful With Statements and Releases

Railroad companies, insurers, employers, or other organizations may seek information after an accident. You may not yet understand the extent of your injuries or who bears responsibility. A release or recorded statement can carry legal consequences.

Consider speaking with a qualified attorney before signing documents that affect legal rights.

Consider Legal Review Before Evidence Is Lost

Railroad cases can depend heavily on evidence controlled by companies or other entities. Potential evidence may include inspection records, maintenance documents, video, event data, communications, and safety records. Whether particular evidence exists or can be obtained depends on the case.

Early legal review may help identify what evidence should be investigated and preserved.

How Are Railroad Accident Claims Investigated?

Reconstructing the Accident

Investigators may examine physical evidence and available records to understand the sequence of events. Depending on the accident, relevant evidence could include:

Train movement informationCrossing conditionsSignal operationPhotographs and videoWitness accountsVehicle damageTrack conditionsAvailable electronic data

The goal is to build an evidence-based picture of how the accident occurred.

Examining Maintenance and Safety Records

Maintenance documents may help reveal whether a dangerous condition existed before an accident. Inspection records can also help determine whether equipment or infrastructure received appropriate attention. Not every record will prove negligence. The documents must be evaluated within the broader facts of the case.

Identifying Every Potentially Responsible Party

Complex railroad operations often involve several companies. A case may require examining the roles of the carrier, track owner, maintenance contractor, manufacturer, public entity, or another business. Finding every responsible party can be critical to understanding the full claim.

Bringing in the Right Resources

Technical railroad cases can require specialized knowledge. Engineers, reconstruction professionals, medical experts, or other specialists may be needed depending on the facts. Joumana Law believes the client’s needs come before ego. If a complex railroad matter requires specialized resources or co-counsel, we can work to assemble the appropriate team.

The injured person should never be treated as an experiment while a lawyer learns an unfamiliar area.

What Compensation May Be Available After a Railroad Accident?

The damages available after a railroad accident depend on the type of claim and applicable law. A passenger’s case may differ significantly from a FELA claim. A wrongful death case can raise another set of legal questions. Depending on the circumstances, recoverable damages may include:

Past and future medical expensesRehabilitation expensesLost wagesReduced future earning capacityPain and suffering where recoverableDisability or loss of functionOther legally recoverable losses
Michigan Wrongful DeathFatal accident cases may also involve damages available under applicable wrongful death law.

No lawyer can responsibly determine the value of a railroad case from the type of accident alone. Injuries, liability, available evidence, applicable law, and other factors can affect a claim.

Why Railroad Accident Cases Demand Serious Legal Attention

Evidence Can Be Highly Technical

Understanding a railroad accident may require more than photographs of the crash. Signals, track systems, equipment, maintenance practices, operational rules, and electronic information can all become relevant. Technical experts may be necessary to interpret some evidence.

The right investigation depends on the accident.

Different Laws Can Apply to Different Victims

A passenger, pedestrian, motorist, and railroad employee can be injured in the same incident. Their legal claims may not be identical. FELA may govern certain railroad employees, while other victims may pursue claims under different state or federal laws.

That makes careful legal analysis important from the beginning.

Accountability Matters

Joumana Kayrouz’s approach to personal injury law is grounded in a larger principle. Preventing injuries matters, and accountability matters when safety systems fail. A legal claim can seek compensation for an injured person. It can also examine the conduct and failures that allowed an injury to happen.

Explore Related Michigan Injury Pages

Free ConsultationTalk to Joumana KayrouzCall now or send us your case. Your consultation is free, and you pay no fee unless we win.866-YOUR-RIGHTS248-557-3645Free case reviewLaw Offices of Joumana Kayrouz, P.L.L.C.
24370 Northwest Highway
Southfield, MI 48075

Legal Disclaimer

Every case is different. This page provides general educational information and is not legal advice. The existence, value and legal viability of any claim depend on the particular facts, applicable law, insurance coverage and jurisdiction. Listing a case type does not mean Joumana Law will accept or directly handle every matter. Depending on the circumstances, location and legal issues involved, the firm may work with qualified co-counsel or refer a matter to another attorney. Prior results do not guarantee a similar outcome. Speak with a lawyer about your individual rights and any deadlines that may apply.

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Frequently Asked

Answers before you ask.

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What should I do after a dog bite in Michigan?

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Seek medical care, report the bite, and, if you can, document your injuries and identify the owner. We can review what happened and explain the options available to you.

Do you handle aviation, rail, or maritime accident cases?

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Yes. We take these on directly or with specialized co-counsel when a case calls for it. Several are governed by federal law and depend on experts and records that must be requested early.

When should I contact a lawyer after an injury?

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As soon as you can. Early involvement helps protect evidence, avoid mistakes with insurers, and keep your claim on track before important deadlines pass.

What documents should I keep?

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Keep anything related to the incident and your recovery: medical records and bills, photos, the police or incident report, insurance letters, and a simple record of missed work and out-of-pocket costs.

How will I pay my medical bills while my case is pending?

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Depending on your situation, options may include your own health insurance, No-Fault benefits, or arrangements with providers. We can help you understand what may be available while your case moves forward.

The insurance company already offered me a settlement. Should I accept it?

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Early offers are often lower than what a claim may be worth, and accepting one can waive your right to seek more. Let us review the offer for free before you decide.

Should I talk to the insurance company myself?

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Be careful. Insurance adjusters may ask for recorded statements or push for a quick, low settlement. It is usually best to speak with a lawyer before giving a statement or signing anything.

What types of cases does the firm handle?

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We handle a wide range of personal injury matters, including car and truck accidents, motorcycle accidents, medical malpractice, wrongful death, slip and fall, dog bites, and other serious injury claims.

Do you handle cases outside Michigan?

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Our home is metro Detroit and we serve clients throughout Michigan, and we also represent clients nationwide. Where a matter requires it, we coordinate with local counsel.

What if I was partly at fault?

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You may still be able to recover compensation even if you were partly at fault. Michigan law can reduce a recovery based on your share of fault, so it is worth having us review the details.

How long does a personal injury case take?

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It depends on the complexity of the case, the injuries involved, and whether the other side is willing to settle fairly. Some cases resolve in months, others take longer. We work to move your case as efficiently as possible.

Do I have to go to court?

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Many personal injury cases settle without a trial. If a fair settlement cannot be reached, we are prepared to take your case to court. We will explain your options at every step.

What is my case worth?

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Every case is different. Value depends on factors like medical costs, lost income, the severity of your injuries, and their long-term impact. We can review your situation for free and give you an honest assessment.

What should I do right after an accident?

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Get medical attention first, even if you feel fine. Then, if you can, document the scene, keep records of your treatment and expenses, and be careful about giving recorded statements to insurers before speaking with a lawyer.

How long do I have to file a personal injury claim?

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Michigan sets filing deadlines, called statutes of limitation, that vary by the type of case. Because missing a deadline can end your claim, it is best to contact us as soon as possible so we can review the timeline that applies to you.

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