Train Derailments and Collisions Are Less Rare Than You Think

The recent train derailment in East Palestine, Ohio has brought the dangers of train derailments home to all of America. On February 3, 2023, as reported by numerous media outlets, a freight train carrying hazardous materials derailed near East Palestine, Ohio. Toxic chemicals escaped into the air, soil, and nearby waterways. Many people had to be evacuated from their homes. The derailment has raised strong concerns about the safety of our rail lines and whether current regulations should be reviewed and changed.

This debate is not a new one. Twenty-one years ago, a Canadian Pacific train derailed just to the west of Minot. A plume of anhydrous ammonia swept through the city and surrounding area. One man died and hundreds were injured. Our firm handled the largest number of claims because of that disaster. We know the damage that these types of derailments can cause.

According to USA TODAY, train derailments involving hazardous materials are fairly rare in the United States. Over the last 10 years, 172 train derailments have released hazardous materials. Per the Sacramento Bee, there are about 1,000 train derailments each year. Feeding into that statistic would be the second Norfolk Southern derailment that occurred on March 4th. Luckily, no one was injured or killed in that derailment, either.

Technology does help make for better trains through crashworthiness testing, temperature regulation, and in many other ways. Many train lines are retiring old cars. Other methods are being used by regulators and the railway industry to make trains safer.

“Safer” does not mean “perfectly safe,” however. Far from it. USA TODAY reports “that although catastrophic events involving trains and chemicals may be uncommon, hazmat cargo violations caught during inspections of rail shippers and operators appear to be climbing. Over the last five years, federal inspectors have flagged 36% more hazmat violations compared with the five years prior – and fines for those are up 16%.”

The Sacramento Bee, using data from the Federal Railroad Administration (FRA), says the most common causes of derailments include:

• Faulty or missing crossties
• Broken or defective railroads
• Excessive speed
• Track obstructions like snow, ice, or mud
• Faulty switch points

How common are train collisions?

Train collisions, on the other hand, are much more common than train derailments. Train collisions involve a train colliding with a car, truck, another type of motorized vehicle, pedestrian, bicycle rider, or obstruction. According to the US Department of Transportation, in 2021, there were close to 8,100 accidents that caused 747 deaths and 4,647 injuries.

Car occupants, pedestrians, bicycle riders, and even the occupants of small trucks are likely to die or suffer catastrophic injuries in a collision with a train. Trains are simply larger, faster, and heavier than other vehicles or people on the road.

Some of the common causes of train collisions include:

• Railroad negligence. A common cause of train accidents is the failure of the crossing arm or signal light to work correctly. The negligence may be due to a failure to conduct routine inspections, a failure to pay for newer/safer equipment, and other reasons.
• Operator negligence. Train collisions may happen if the train engineer is fatigued, distracted, or operates the train under the influence of alcohol. The same is also true if the driver of another vehicle operates under the same conditions.
• Defective parts. Trains have numerous parts that all must work together. A defective locomotive, brakes, switching equipment, or electric systems can cause a train collision in North Dakota.
• Violations of train safety laws and standards. For starters, operators should understand the appropriate speed limits and when they need to slow down due to bad weather, curved tracks, or other reasons. Failure to obey the laws can easily cause a crash.
• Objects on the tracks. Almost any object, starting with falling trees, can be dangerous. A car or truck may stall as it’s crossing a track. A deer or another type of animal may dash across the railroad tracks, forcing the train operator to slam on the train’s brakes. Train operators need to proceed with caution to be sure they can stop in time.
• Trying to “beat” the train. Drivers who try to race through the rail crossing before the crossing arms rise don’t always make it. Drivers and pedestrians who fail to stop, look, and listen may be responsible or contributorily negligent for a train collision.

Who is responsible for a train derailment or collision?

Our skilled Minot railroad accident lawyers work with investigators and field experts, alongside local law enforcement, the Federal Railroad Administration, and others to determine how a collision or derailment happened, what steps should have been taken to prevent them, and who is responsible. The defendants may include:

• A railroad company, in part, because owners are generally liable for the negligence of their employees. A railroad company may also be liable for failing to follow federal or state regulations, failing to comply with industry standards, or for other reasons.
• In some cases, a negligent employee may also be named as a liable party separate from the railroad company itself.
• A governmental agency may be liable, for example, if they were responsible for the layout of the railroad and designed the layout improperly or failed to properly maintain or make improvements when necessary, such as due to increased vehicle traffic.
• A manufacturer may be liable if any railroad line equipment or train parts are defective, and the defect causes an accident.

Other defendants, including other drivers, may also be liable depending on how the derailment or train collision occurred.

When train accidents happen, victims are likely to suffer head trauma, spinal cord damage, traumatic amputation, broken bones, or other serious injuries. Tragically, many railroad accident victims do die.

The Larson Law Firm P.C. has more than 40 years of experience fighting for personal injury victims and their families throughout North Dakota. We demand compensation for all your financial and personal damages. To discuss your rights after any type of train accident, call our Minot office or fill out our contact form to schedule a free consultation today. We maintain additional offices in Bismarck and Fargo.