VRE Accident Lawyers for Northern Virginia Commuters

Why a VRE claim is different from a claim against a private railroad

VRE is operated by two regional transportation commissions, the Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation Commission, rather than by a private company. Its trains are run under contract by a private operator, and most of the track it uses is owned by other railroads. That structure affects a claim in three ways:

1. Notice. Under Va. Code § 8.01-195.6, a claim against the Commonwealth or a transportation district generally requires written notice within one year. Whether that rule, the six-month rule for localities in Va. Code § 15.2-209, or another rule applies to a particular VRE claim is something we confirm immediately.
2. Immunity and limits. Public bodies in Virginia can raise immunity defenses, and the Virginia Tort Claims Act limits the amount recoverable in claims it covers. How those rules apply to VRE depends on the claim.
3. More than one defendant. The contract operator, the railroad that owns the track, a station property owner or a manufacturer may be responsible too, and claims against private companies follow different rules.

Read our guide to government claim notice in Virginia. The practical lesson is simple: do not wait to see how your injury heals before getting advice.

How VRE commuters get hurt

Commuter rail has its own risk pattern: full trains at rush hour, dark platforms on winter mornings, and passengers hurrying to make a connection. Common injuries include:

• Falls on the stairs inside passenger cars when a train starts, stops or lurches
• Falls in crowded aisles and vestibules during boarding and at arrival
• Stepping into the gap between the train and the platform
• Doors closing on passengers or bags
• Slips on icy or wet platforms, ramps and stairs at stations
• Trips on broken pavement and curbs in station parking lots
• Injuries in a derailment, a collision with a vehicle at a crossing or a sudden emergency stop

Injuries range from sprains and broken wrists to spinal injuries and head injuries. For commuters who work in offices or on their feet, even a few weeks away from work adds up.

Station, platform and parking lot injuries

VRE stations from Manassas and Burke to Alexandria and Fredericksburg are a patchwork of ownership. A platform may be maintained by VRE, the stairs by a host railroad, the parking lot by a county or city, and the adjacent garage by a private owner. Some stations are shared with Amtrak.

That matters because the party that controlled the exact spot where you fell is usually the one responsible, and each type of owner has its own rules. Claims against a county, city or town generally require written notice within six months under Va. Code § 15.2-209, and local governments have immunity for many governmental functions. Claims against a private property owner follow ordinary premises liability rules. If you fell, photograph the spot, note exactly where it was (platform end, stair, lot row) and keep your ticket or fare record.

Collisions between VRE trains and vehicles or pedestrians

VRE trains share their routes with freight and Amtrak trains and cross local roads and paths along the way. When a VRE train strikes a car, truck or pedestrian, the investigation looks at the crossing warning devices, the train’s speed and horn, the sight lines, and whether traffic signals near the tracks let vehicles queue across them.

Drivers and pedestrians face Virginia’s contributory negligence rule, under which a person found even slightly at fault is generally barred from recovering, subject to the last clear chance doctrine and conduct that is willful and wanton. Event recorder data, forward-facing video and crossing signal logs are often the best evidence, and they need to be requested quickly. Passengers on the train who were hurt in the collision have their own claims. Our train accident page covers crossing claims generally, and our pedestrian accident page covers people struck on foot.

VRE claim deadlines at a glance

Notice rules are strict about content, timing and who receives the notice. Which ones apply to your claim, and whether more than one does, depends on the defendants, and we confirm that before anything else. The two-year lawsuit deadline is in Va. Code § 8.01-243(A).

What to do after a VRE accident

1. Tell the conductor or station staff before you leave, and ask that an incident report be made.
2. Get medical care the same day if you can, and tell the provider exactly how you were hurt.
3. Photograph the step, platform, stair or lot where you were hurt, and your injuries.
4. Keep your ticket, pass or mobile fare record showing the train and time.
5. Write down the names and numbers of other passengers who saw what happened.
6. Do not sign forms or give recorded statements to VRE’s operator or insurers before getting advice.

Payments from your own health insurance generally do not reduce what a responsible party owes, under Virginia’s collateral source rule. Keep every bill anyway.

How our Fairfax attorneys handle VRE claims

1. Free case review. Tell us what happened, by phone or through the form on this page.
2. Notice first. We identify every public body involved and send the required written notices on time.
3. Every defendant. We look beyond VRE to the contract operator, the track owner, station owners and manufacturers.
4. Evidence. We request incident reports, video, event recorder data and maintenance records.
5. Resolution. We negotiate with the insurers and file suit in the right Virginia court when needed, including the Fairfax County Circuit Court or the court where the accident happened.

You can talk with our team in English, Korean or Spanish. Many of our clients reach us by phone from home while they recover.