Liability When Trespassers Are Injured on Train Tracks

Close to 95% of railroad injuries happen to trespassers or at railroad crossings, and it happens all over the country. In Kentucky, there were 18 trespasser injuries and fatalities in 2020, 13 in 2021, and 11 in 2022. There were an additional four incidents during the first four months of 2023. These stats do not count highway-rail incidents.

Nearby states with higher populations show significantly higher rates of injuries and fatalities. For example, Illinois is in the top 10 most dangerous states for railroad fatalities. Illinois had 59 injuries and fatalities in 2022, and 22 in the first four months of 2023.

Although these injuries are relatively common, it can be hard for victims to pursue compensation. Railroad companies often deny liability or incorrectly tell victims  they don’t have the right to a claim.

If you or a loved one were injured in a train collision, don’t assume that you don’t have rights because you were trespassing. In many cases, the railroad may be liable for your injuries. To get help now, contact us at Satterley & Kelley today. In the meantime, here’s what you need to consider.

Who Is Considered a Trespasser?

The term “trespasser” is not clearly defined by the Federal Railroad Administration, and the railroad companies often apply the term differently for pedestrians and drivers. For example, drivers who ignore a do-not-cross sign are usually not categorized as trespassers, even though they are on railroad property without permission. In contrast, a pedestrian in the same situation is generally considered to be a trespasser.

What Is Considered Trespassing?

Any time you are unlawfully on a railroad company’s property, it may be considered trespassing. This includes rail yards and stations, but it also includes train cars, locomotives, bridges, railroad tracks, and trestles.

In other words, if someone jumps on a train car for a free ride, they are trespassing. However, if someone crosses the tracks at a non-designated crossing they are also trespassing. Even a family that goes to a beautiful setting in the countryside to take family photos near the railroad track is technically trespassing.

Are Railroad Liable for Injuries to Trespassers?

The railroads may be liable when a trespasser gets injured. Generally, the Railroad’s  first line of defense will be to claim that the person was on its property illegally and thus it has no duty to the victim. However, if the railroad company acted negligently or contributed to the risk of trespassing, it  can be held liable.

To give you an example, imagine that someone is crossing the railroad tracks at an area that is not a designated crossing. The engineer sees the trespasser, but  doesn’t alert him  by blowing the train’s  horn. Or imagine that the train is behind schedule and to make up for the lost time, the engineer is operating the train  faster than normally allowed in an area with a lot of pedestrians. These types of actions may be considered negligence.

A Duty to Keep People Safe

Railroad companies have a duty to keep people safe at designated crossings. They must have proper safety mechanisms in place to prevent injuries, and if they don’t, they may be liable for injuries that occur. This same standard does not apply to trespassers. However, that doesn’t necessarily mean that the railroads have no duty to these people.

To reduce the risk of injuries related to trespassing, the railroad companies should post adequate signage warning people that they are trespassing. They should also take steps to ensure that people aren’t likely to trespass.

For example, the railroad company may want to have education outreach programs at schools where they tell students about the dangers of trespassing on railroad tracks. If a railroad finds out that there is a “rabbit path” (aka an unauthorized path over the railroad tracks), they should take steps to shut down the path and post signs.

Risk Factors for Trespasser Injury

Research from the Federal Railroad Administration indicates that the following risk factors heighten your chances of getting hurt on railroad property.

• Drugs and alcohol — Approximately two-thirds of all suicides and trespasser casualties involve drugs or alcohol.
• Headphones or electronic distractions — In a 2014 report, the Department of Transportation noted a rise in headphone or electronics use during trespasser accidents. As the use of these devices has increased substantially over the last decade, the risk has also increased.
• Multiple crossing points — When there are multiple places to cross the same track, the risk of injury increases.
• No early train warning system — A lack of lights, horns, or other warnings about train tracks can increase the risk of people trespassing while a train is approaching.
• Stations on curves — The lack of visibility increases the risk of injuries for both trespassers and people who aren’t aware they shouldn’t be crossing the tracks.

The hot spots for injuries tend to be places where there is a lot of pedestrian activity, such as schools, parks, and downtown areas. This increases the risk of trespassing and also the risk of injuries.

What to Do If You Are Injured While Trespassing on a Railroad

First and foremost, always seek medical attention. Even if you think your injuries are minor, go to the emergency room or urgent care and see a doctor. When talking with the railroad company’s employees, don’t admit that you were trespassing. If you make a claim against the railroad to cover your injuries, they will use anything you say to try to minimize or avoid liability.

Then, consult with a personal injury attorney, which is especially important if the railroad offers you a settlement or says it will help you pay for your medical bills. Generally, companies will only do this if they know that they are liable, and they often make a lowball offer to distract the victim from filing a lawsuit.

As a lay person, it’s nearly impossible to value losses from  personal injuries. To protect yourself, you should consult with a personal injury attorney who has experience with railroad claims.

At Satterley & Kelley, PLLC, we focus on personal injury cases with an emphasis on asbestos injuries, commercial truck accidents, and railroad injuries. Going up against a big company that’s trying to minimize liability by shifting the blame to you can be scary and confusing. You need the right help in this situation. To learn more, contact us today, and we’ll set up a free consultation to talk about your case.