Think about the phrase “train wreck.”  It’s become a cliché to describe any number of disastrous situations: 

• A train wreck waiting to happen. 
• His/her life is/was a train wreck. 
• Stars fallen from public grace are referred to as Train Wreck Celebrities

The list goes on and though the phrase is used fairly casually, a real-life train crash or derailment is serious business.

A quick Google News search of the phrase “train derailment July 2009” produced a whopping 428 results (a Google Web search offered more than 100,000 results).  Our local paper reports two car-train collisions in the area on the same line – one eastbound and the other westbound – within one week. In fact, a couple from Nebraska were passengers in both incidents.

Perusing just 10 news articles in our search demonstrates recent derailments involve an array of scenarios:  They involved both passenger trains and freight trains, and some involved motor vehicles.  The human impact ranges from no injuries to multiple deaths.  Damages to property vary equally as much.  The apparent causes and faults, though in these cases not yet vetted in courts of law, also vary among individuals ignoring railway signals and issues related to speed of rail travel.  When the smoke clears and the dust settles, after the ambulances and hazmat crews have departed, there remains an environment of extremely complex litigation.

What makes train wrecks more complicated than other personal injury, wrongful death or property damage matters? 

First, the laws and jurisdictions governing intermodal transportation companies differ from those which govern other industries.  Further complicating matters is the various carrier contractors and subcontractors that may be involved in transporting products or equipment via rail.  Changes in and various jurisdictions’ interpretations of law also have created greater vulnerability regarding damages and liable parties that a law firm experienced in intermodal transportation liability can expose.

When dealing with a train wreck – literally – it’s important that you engage legal counsel who understands the legal and jurisdictional nuances of intermodal transportation, in order to prepare an effective and appropriate litigation strategy.