Train Accident Attorneys in Richmond, VA
Legal help for Virginians hurt in train and railroad crossing accidents, and for families who lost a loved one.
No Recovery,
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80+ Years Combined
Attorney Experience
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Practicing Personal Injury Law
Since 1973
Hurt in a Train Accident in Richmond?
A driver hit at a crossing and a passenger hurt on board may each have a different kind of claim. Collier & Collier can review what happened, explain which rules may apply to you, and talk with you about whether a claim makes sense.
What to know about Virginia train accident claims:
- The rules depend on how and where you were hurt
- Most injury claims must be filed within two years
- Failure to give required crossing warnings can affect your claim
- Claims against a public agency need early notice
Which Rules Apply Depends on Who Was Hurt
Drivers and Pedestrians at a Crossing
A driver or pedestrian hurt at a railroad crossing usually brings a negligence claim under Virginia law. Federal and Virginia safety rules may apply. Whether the train crew gave the required warnings, and whether crossing gates or warning lights were working, can be important evidence.
Fault matters a great deal in Virginia. Under the state’s contributory negligence rule, a person who was even partly at fault can be barred from recovering anything. At a public highway crossing without working automatic crossing protection, a train crew’s failure to give legally required warnings can change that rule. A traveler’s failure to use due care when approaching the crossing does not bar recovery for a collision there, although it may reduce the damages recovered (Va. Code § 56-416).
If the crash happened away from the tracks, see our car accident and pedestrian accident pages.
Passengers on a Train or at a Station
A passenger hurt on a train or on station property may have a claim against whoever caused the injury, such as the company operating the train or the party responsible for the platform.
When a train accident causes a death, the family’s claim is usually brought by the personal representative of the person who died. Our wrongful death page explains how those claims work in Virginia.
Who May Be Responsible for a Train Accident
Depending on what happened, a claim may involve:
- The railroad that operated the train
- The company responsible for the track or crossing
- A driver whose vehicle helped cause the crash
- A public agency responsible for the road
Identifying every responsible party early matters, because claims against a state agency or a city, county, or town have their own notice deadlines.
What a Train Accident Claim Can Recover
Train accidents can cause severe harm, including brain injuries, spinal cord injuries, and other catastrophic injuries. Depending on the evidence, a claim may seek:
- Emergency care, surgery, and rehabilitation
- Future medical care and treatment
- Lost wages and lost earning capacity
- Pain, mental anguish, and inconvenience
- Lasting scarring or disfigurement
A claim for future care needs support from your doctors, so it helps to have a clear picture of your recovery before agreeing to any final settlement.
What to Do After a Train Accident
Some of the most important evidence may be held by the railroad. Event-recorder data can show the train’s speed and braking before the crash. Asking about this evidence early can help preserve it.
Most Train Accident Claims Must Be Filed Within Two Years
Most Virginia personal injury lawsuits must be filed within two years of the injury (Va. Code § 8.01-243). Other deadlines can be shorter or longer:
- Wrongful death claims: two years from the date of death
- Claims against the Commonwealth: written notice within one year
- Claims against a locality: written notice within six months
Contacting a firm does not stop a filing deadline.
No Recovery, No Fee
Case reviews are free. You owe attorney fees only if your case settles or is won. Case expenses are separate and explained in your written fee agreement.
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Talk With Our Attorneys About Your Train Accident
Tell us what happened, and we can explain which rules may apply, what a claim could cover, and how much time you have. Contact Collier & Collier for a free, confidential case review.
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