A Virginia train accident claim is a claim for injuries caused by the operation of a train or a railroad’s track, crossings, stations or equipment. It covers passengers hurt on commuter and intercity trains, drivers and pedestrians struck at crossings, people injured on platforms and in stations, and railroad workers hurt on the job.
Blank Kim Injury Law represents people hurt in rail accidents across Northern Virginia, along the corridors that run through Alexandria, Springfield, Burke, Manassas and toward Fredericksburg. From our Fairfax office, we identify every railroad and agency involved and the rules that come with each. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Types of train accidents we handle
- Passenger injuries on board. Falls from sudden stops or jerks, luggage falling from racks, injuries between cars and injuries in a collision or derailment.
- Platform and station injuries. Falls in the gap between train and platform, slippery or icy platforms, broken stairs and escalators, doors closing on passengers, and crowding at busy stations.
- Grade crossing collisions. Cars, trucks, cyclists and pedestrians struck where roads cross the tracks, often involving malfunctioning gates or lights, blocked sight lines or missing warnings.
- Derailments and collisions. Track defects, signal failures, excessive speed and equipment failures can derail a train or cause it to strike another.
- Pedestrians on or near the tracks. People struck along rail corridors that run close to neighborhoods, trails and parking lots.
- Railroad worker injuries. Track workers, conductors, engineers and yard workers hurt on the job.
Metrorail accidents follow different rules because WMATA is an interstate compact agency; see our Metro accident page.
Railroads, agencies and contractors: who is responsible
A single rail corridor in Northern Virginia can involve several organizations. The train may be run by one entity, over track owned by another, through a crossing maintained by a third, with a signal system serviced by a contractor. Identifying each of them is essential, because different defendants come with different rules.
| Service | What it is | Our page |
|---|---|---|
| Virginia Railway Express (VRE) | Public commuter rail on the Manassas and Fredericksburg lines | VRE train accidents |
| Amtrak | Intercity passenger rail, with Northern Virginia stops including Alexandria, Burke and Manassas | Amtrak accidents |
| Freight railroads | Private companies that run freight trains and own much of the region’s track | This page |
| Metrorail (WMATA) | The regional subway and surface rail system | Metro accidents |
Manufacturers of defective rail cars, crossing equipment or signal components can also be responsible. Virginia product claims proceed in negligence and breach of warranty rather than strict liability; see our product liability page.
Railroad crossing accidents
Crossings are where rail traffic meets everyday traffic, and they are where many of the most serious rail injuries happen. Crossing claims often turn on questions like these:
- Were the gates, lights and bells working, and were they inspected and tested as required?
- Did the train sound its horn and approach at a proper speed?
- Did trees, brush, buildings or parked rail cars block drivers’ view of an approaching train?
- Was the crossing surface rough enough to stall or unsettle a vehicle?
- Did traffic back up across the tracks because of a nearby traffic signal?
Railroads almost always argue that the driver or pedestrian should have seen the train. Under Virginia’s contributory negligence rule, a person found even slightly at fault is generally barred from recovering, subject to exceptions such as the last clear chance doctrine and conduct that is willful and wanton. That makes early evidence critical: the train’s event recorder and forward-facing video, crossing signal logs, sight line measurements and witness accounts. Crashes at crossings often involve the same issues as car accidents and pedestrian accidents, with a railroad added.
Federal safety rules and why they matter
Railroads operate under federal safety regulations administered by the Federal Railroad Administration, covering areas such as track condition, signal and crossing warning systems, equipment, operating practices, worker hours and accident reporting. Serious accidents can also be investigated by the National Transportation Safety Board.
Those rules cut both ways. A violation can be strong evidence of negligence. In some cases, federal rules also limit the kinds of claims that can be brought under state law, for example about train speed on certain track. How federal law interacts with a Virginia claim depends on the specific issue, and we analyze it claim by claim rather than assuming.
Injured railroad workers
Railroad employees who are hurt on the job are generally not covered by ordinary Virginia workers’ compensation. Instead, a federal law, the Federal Employers’ Liability Act, generally lets them bring a negligence claim against the railroad employer, with its own rules on fault and its own deadlines. Track workers, conductors, engineers, carmen and yard workers can all fall under it.
Workers for contractors on railroad property, and employees of public commuter agencies, may be covered by different systems, including Virginia workers’ compensation. The first step is working out which system applies to your job.
Injuries in train accidents
The weight and speed of a train mean that accidents are often catastrophic. Injuries we see include traumatic brain injuries, spinal cord injuries, amputations, crush injuries, burns from fires and fuel spills, and broken bones from platform and on-board falls. Serious trauma cases in the region often go to Inova Fairfax Medical Campus, the Level I trauma center in Falls Church.
Even a seemingly minor fall on a train or platform can mean surgery and months away from work. Document every symptom and every day missed.
Deadlines after a train accident
Most Virginia personal injury lawsuits must be filed within two years of the injury, under Va. Code § 8.01-243(A). A wrongful death claim is brought by the personal representative under Va. Code § 8.01-50 and generally must be filed within two years of the death. Rail cases add complications:
- Claims involving a public commuter agency or a local government can require written notice much sooner. A claim against a Virginia county, city or town generally requires notice within six months under Va. Code § 15.2-209, and claims against the Commonwealth or a transportation district generally require notice within one year under Va. Code § 8.01-195.6.
- Railroad worker claims under federal law follow their own filing period.
- Event recorder data and video are routinely overwritten unless preservation is requested.
See our guide to government claim notice in Virginia, and ask us to check your dates as soon as you can.
How our Virginia train accident lawyers handle your claim
- Free case review. Tell us what happened, by phone or through the form on this page.
- Identify every party. We determine who ran the train, who owned the track, who maintained the crossing and which contractors were involved.
- Preserve evidence. We demand event recorder data, video, dispatch records, signal logs and inspection records before they are lost.
- Apply the right rules. We sort out which federal and Virginia rules, notice requirements and deadlines apply.
- Resolve or litigate. We negotiate with the railroads and insurers, and file in the right court when needed.
You can talk with our team in English, Korean or Spanish, and our Fairfax office is open 24 hours a day.
