Can I Sue if Injured in a Train Derailment

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about whether he can sue for an injury he suffered when the Amtrak train he was a passenger on derailed.

A railway company has a duty to ensure passenger safety as the train operator. If operator negligence or a breach of safety standards contributed to the derailment, the company may be held liable for injuries sustained.

When the train is an Amtrak train, a Federal Tort Claim Act (FTCA) notice must be filed on time since Amtrak is operated under the guidance of the U.S. Secretary of Transportation. A timely notice of a claim is a pre-suit requirement for filing a suit. The United States government created Amtrak, which receives significant taxpayer funding. Because it is taxpayer-funded, congress has also granted Amtrak a liability damage cap protection.

So yes, the caller may sue if injured or if a family member was injured or killed due to an Amtrak train derailing.

If an Amtrak train derails, there may also be other potential wrongdoers to sue besides Amtrak. Frequently, though Amtrak is the name on the train that derailed, other rail companies may own or maintain the tracks that Amtrak trains run on (companies owning tracks include BNSF, CSX, and Union Pacific). If poor track maintenance contributed to a derailment, the rail owner or maintenance provider may also need to be sued.

Another issue may impact a lawsuit against Amtrak. Often, Amtrak ticket agreements contain a “forced arbitration clause.” This means that when a passenger buys a ticket, they agree that they will not sue in court and that their claim will be handled by an arbitrator that Amtrak chooses.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”