Some of the types of railroad accidents are:
Collisions with passenger vehicles
Collisions with other trains
Accidents due to mechanical failure
State laws exist in order to determine if the carrier is liable for the personal injuries caused by the railroad accident. Most states find a common carrier liable for the personal injuries during the railroad accident, and other states have regulations that do not hold the carrier responsible for completely ensuring the safety of a passenger but does find them to own a large amount of responsibility. A railroad accident that was the result of any type of noncompliance with safety laws will assume full liability in most instances.
Railroad companies will not always assume responsibility for a railroad accident, making the need for a railroad accident attorney especially crucial in recovering damages. A railroad accident attorney will be able to determine fault for the railroad accident. Not all individual will have the necessary resources and knowledge to produce the successful railroad accident recovery that a railroad accident attorney will be able to provide.
Some railroads that are owned or operated by government entities have tort claims act laws in cases of railroad accidents. This type of law requires the government entity to be given notice of the injury from the railroad accident within a short time and does not allow filing of a lawsuit unless there has been proper notice given. Railroads are required to report the FRA within thirty days of a railroad accident.