Train Derailment in Glendale, KY Brings Up Questions of Property Damage Liability

On Thursday, March 16, 2023, at approximately 2:30 pm, a train derailed in downtown Glendale, Kentucky. There was a semi on the tracks at the Gideon Church Road crossing, and in its attempt to stop to avoid the semi, the train derailed. Luckily, no one was seriously injured, and the train wasn’t carrying any chemicals that pose a threat to the public.

However, there was property damage. The 21 cars that derailed were carrying expensive vehicles that were all totaled and turned into scrap metal as a result of the accident. The derailed cars also hit a vehicle and a store. Additionally, the derailment blocked foot traffic, compromising local businesses, and local officials advised people to avoid the area for a few days, hurting local businesses even more.

This was the second derailment at this crossing in less than a year, and the news brings up interesting issues about train company liability for property damage and other types of losses.

Liability for Derailments

According to Daniel Bancroft of Willis North America as quoted by the Insurance Information Institute, the train operator is usually liable for derailments. They are liable for the damaged freight, and they are also liable for any property damage that occurs as a result of the derailment.

In this instance, the derailed train hit an occupied vehicle as well as an antique store.  Based on Bancroft’s explanation, the owner of the vehicle and the store may attempt to hold the operator responsible for the cost of their damages. However, liability isn’t always that straightforward as multiple parties are often involved.

Additional Liable Parties

Rail transport involves a lot of different companies. This can make it very confusing to assess liability, but if you’ve suffered damages due to a derailment, the number of companies involved can also increase the potential of making a successful claim.

Generally, the railroad operator owns the engine and the tracks, and the company that owns the engine usually owns the transport cars. However, in some cases, engines pull cars owned by other operators, and in other cases, the cars are even owned by the shippers. The freight inside the cars is owned by the shippers — except in cases where ownership passes to the recipient before arrival.

On top of that, you also need to consider which entity controls the crossing. It may be the railroad company, but it’s often a public entity such as a city, county, or state. This can become relevant if unsafe crossing conditions contributed to the derailment.

In other words, depending on the situation, the company that owns the tracks, the engine, the cars, or the freight may bear liability when their property causes damage to another party. If an unsafe crossing caused the derailment, then the crossing owner may be liable.

Railroad Liability Coverage

If you bring a lawsuit for damages against a railroad company, they’ll usually rely on their liability insurance to cover the claim. While they aren’t necessarily required to have this type of coverage, most companies do, and it tends to cover the following:

• Bodily injury and property damage
• Cargo coverage
• Coverage for cars hauled but not owned by the operator (aka foreign rolling stock coverage)
• Evacuation expense coverage for cleaning up hazardous materials or pollutants
• Employee liability coverage, which is similar to workers’ compensation specifically for the railroad industry.

What if you suffered damages that are not on this list? That doesn’t mean the railroad company or another party isn’t liable for your injuries. It simply means that if held liable, the railroad company may not be able to use its insurance policy to cover the losses.

Negligence and Legal Violations

When you suffer damages, you usually need to establish negligence if you want to bring a legal claim against another party.

Because this issue is multi-layered and legally complex, you should work with a law firm that has experience with railroad derailments and liability issues. Also, as the laws vary from state to state, you need to consult with an attorney who is well versed on the legal issues in your state.

Schedule a Free Consultation Today

At Satterley & Kelley, PLLC, we are personal injury lawyers based in Kentucky, and we are committed to helping our clients get the justice they deserve. We focus on railroad, asbestos, and truck-accident liability, and we are committed to getting our clients the best results possible, regardless of the size or influence of the corporations we go up against.

Have you suffered property or other financial damages as the result of a rail derailment or any other type of railroad issue? Then, contact us today. We’ll start with a free consultation, and if we can meet your needs, we’ll move forward together. Let us help you get the justice you deserve.

Several months have passed since the tragic derailing of a freight train in East Palestine, OH. But even months later, the citizens of this town are suffering the health effects of toxic chemicals that were spilled during the wreck.

When the freight train crashed on February 3, 2023, the chemicals that it carried contaminated the water, soil, and air in the area. Right now, experts still don’t know how long the area will remain a health hazard for local residents.

The world has heard all about the sad aftermath of the East Palestine train wreck, but do you know what actually happened? Here’s an overview.

What Happened With the East Palestine Train Wreck?

Early on February 3, 2023, a Norfolk Southern freight car was traveling with a massive load of plastic pellets when an axel began to overheat. This caused the rail car to overheat to the extent that the temperature started to melt the plastic pellets.

Two defective detectors failed to notice that the area was hot enough to melt plastic. The bearing temperature gradually grew, and by the time the train went through a third detector, the temperature had grown high enough to trigger an alarm. It was 253 degrees above the target range.

The engineer immediately reacted to the alarm by hitting the brakes harder – he had already been braking because of another train ahead. But at that point, it was already too late. The wheels and bearing had deteriorated from the heat, and when the wheel bearing failed, its car — Car 23 — derailed.

In all, 38 freight cars went off the tracks in East Palestine. Eleven of those cars were tank cars that carried toxic, flammable chemicals that damaged the cars around them and spread fire everywhere.

Another five freight cars carried over 115,000 gallons of vinyl chloride, which is highly carcinogenic and extremely flammable. Local authorities were worried because some of the freight cars were still getting hotter, and an explosion of vinyl chloride would be devastating. To minimize the risk, workers dug ditches to pour the vinyl chloride into. They planned to burn the vinyl chloride after the rest of the train wreck was cleaned up.

Except the chemical wasn’t destroyed. In fact, by the time officials were ready to deal with it, most of it had already seeped into the environment, including the air, the soil, and the water. The rest would soon break down into metabolites, which also pose dangers to the public.

How Did the Train Wreck Affect East Palestine?

Not long after the wreck occurred, residents of East Palestine started complaining of health problems. Their health issues were nonspecific, including throat pain, dizziness, nosebleeds, nausea, vomiting, and headaches. Some East Palestine residents get so sick that they go to the emergency room.

Local residents weren’t the only ones affected by the wreck. Nearby bodies of water took on the toxic chemicals, and they became toxic. To date, estimates say that at least 40,000 aquatic animals (including fish) died from the chemical spill.

Was the East Palestine Train Wreck Preventable?

According to Jennifer Homendy, chair of the National Transportation Safety Board, the derailment might not have happened if one of the earlier two detectors had gone off in time. That would have given the engineer time to stop the train and figure out the overheating. Stopping sooner would have helped to keep the bearing intact that caused the derailment.

What Happened After the East Palestine Train Wreck?

After the East Palestine train wreck, the Environmental Protection Agency (EPA) ordered Norfolk Southern to clean up the entirety of the wreck, including the water, soil, and debris.

The residents of the nearby area were evacuated immediately, and they were reimbursed for the expense of finding a place to stay. The Norfolk Southern Assistance Center became a hub of resources for people evacuating.

There was also a health assessment clinic designated to help the residents of East Palestine who experienced health problems after the wreck. However, the state has not yet released details about the health effects of the chemicals that were released. To date, the railroad has not compensated many victims for their medical care or injuries.

In addition to dealing with personal injury claims, Norfolk Southern could also face fees of $70,000 each day if it doesn’t comply with delivering a detailed plan about the clean-up process. It must also reimburse the EPA for the cost of cleaning residents’ homes, public places, and businesses. Finally, it  has to attend public meetings to discuss its progress on the cleanup.

As of July 2023, five months after the wreck, over 1 million gallons of contaminated water has been removed from the waterways near the site. The state’s governor is also in the process of removing the railroad tracks to remove the soil underneath the tracks, which is also contaminated.

Get a Legal Expert on Your Side

The East Palestine train wreck emphasizes how a business’s negligence can change your life forever. If you have been harmed by a railroad accident or due to chemicals spilled in a railroad derailment, you should seek help. Even if you’re not sure that the train caused your illnesses, you may still want to consult with a personal injury attorney.

At Satterley & Kelley, PLLC, we focus on helping our clients obtain compensation after railroad injuries, commercial truck accidents, and due to asbestos exposure. Want to know if we can help you or your family? Then, contact us for a free consultation today. Let’s have a conversation about your options.