Train & Railroad Accidents
Michigan Train & Railroad Accident Claims
Michigan's extensive rail network — carrying both freight and passengers through densely populated urban areas and rural communities — creates daily opportunities for catastrophic accidents. Railroad crossing collisions, pedestrian strikes on tracks, train derailments, and platform injuries can cause devastating, life-altering harm. Koussan Law represents victims of train and railroad accidents across Michigan, and we bring the same intensity that produced a $14,950,000 jury verdict to every rail injury case.
Railroad Crossing Accidents and Michigan Law
Michigan has thousands of at-grade railroad crossings, many lacking adequate safety equipment. When crossings have malfunctioning gates, missing warning signs, obstructed sight lines, or improperly maintained signals, the railroad company and the governmental entity responsible for the crossing can both face liability. Under MCL § 462.271 and the Federal Railroad Safety Act, railroads must maintain crossings in safe condition and operate trains at safe speeds through populated areas. Michigan's highway defect exception under MCL § 691.1402 can also expose county road commissions and MDOT to claims when crossing infrastructure — gates, signals, road surfaces — falls into disrepair. The 120-day governmental notice requirement under MCL § 691.1404 applies to these claims, making early legal action critical.
Federal and State Liability Framework
Railroad accident claims often involve both federal and Michigan state law. The Federal Employers' Liability Act (FELA) governs claims by railroad workers injured on the job — and FELA uses a lower causation standard than Michigan negligence law, requiring only that the railroad's negligence played any part in producing the injury. For non-employees, Michigan negligence principles under MCL § 600.2959 apply modified comparative fault, meaning your recovery is reduced by your percentage of fault but not barred unless you were more than 50% responsible. Federal regulations regarding crossing safety, train speed, and horn requirements often establish the applicable standard of care. Railroad companies are common carriers, meaning they owe the highest duty of care to passengers.
The Severity of Railroad Injuries
Due to the massive size and momentum of trains, railroad accidents produce some of the most catastrophic injuries in personal injury law: traumatic amputations, crush injuries, traumatic brain injuries, spinal cord injuries resulting in paralysis, severe burns, and death. Even a low-speed collision between a freight train and a vehicle generates enormous force. Michigan's no-fault PIP benefits under MCL § 500.3107 cover allowable expenses for motor vehicle occupants struck at crossings, and the unlimited lifetime medical benefit tier (for policies purchased before the 2019 reform) can be essential given the severity of these injuries. Wrongful death claims under MCL § 600.2922 allow surviving family members to recover damages when a railroad accident is fatal, with a three-year statute of limitations under MCL § 600.5805(2).
If you or someone you love was hurt in a train or railroad accident anywhere in Michigan, call Koussan Law at (313) 800-0000 for a free consultation. You can also use our free case calculator to get an immediate estimate of what your railroad accident claim may be worth.
