Missouri sits at the center of the country's rail network. Union Pacific, BNSF, Norfolk Southern and CPKC run freight through the state, Amtrak runs passenger trains on four routes, and MetroLink carries riders across St. Louis City, St. Louis County and the Metro East. That traffic leads to several kinds of crashes, and each one raises different legal questions:
- Railroad crossing collisions. The most common serious train crash in Missouri. A car, truck or school bus is struck at a crossing, often because signals failed, gates did not come down, the train did not sound its horn, or trees and brush blocked the driver's view down the track.
- Amtrak passenger injuries. The Missouri River Runner connects St. Louis and Kansas City through Kirkwood, Washington, Hermann, Jefferson City, Sedalia, Warrensburg, Lee's Summit and Independence. The Lincoln Service, Texas Eagle and Southwest Chief also stop in Missouri. Passengers can be hurt in derailments, sudden stops, falls while boarding, or collisions at crossings.
- MetroLink injuries. Riders, pedestrians and drivers can be hurt at stations, on platforms and at street crossings along the Red and Blue Lines.
- Derailments and hazardous material releases. A derailment can injure crew members, passengers and people who live or work near the tracks, especially when tank cars release chemicals or catch fire.
- Pedestrian strikes. People are hit while crossing tracks, walking near rail yards, or waiting on platforms.
- Railroad worker injuries. Conductors, engineers, track workers and yard employees are hurt by falls, equipment failures, toxic exposure and coupling accidents. These claims follow a separate federal law, explained below.
What Federal Laws Apply to a Missouri Train Accident Claim?
Railroads are heavily regulated by the Federal Railroad Administration, and federal law shapes almost every train accident case. A Missouri train accident lawyer has to work through these rules early, because some help prove fault and others limit what can be claimed.
Under FELA, a worker's own carelessness reduces the recovery but does not bar it, and it does not reduce it at all if the railroad violated a safety law that contributed to the injury. FELA claims can be filed in state or federal court.
How Do Missouri Laws Affect a Train Accident Claim?
For passengers, drivers and pedestrians, Missouri law decides much of the case. Most injury claims must be filed within five years under RSMo 516.120, and wrongful death claims within three years under RSMo 537.100. Missouri follows pure comparative fault, so a driver who shares some blame for a crossing crash can still recover, reduced by their share of fault.
Railroads and transit agencies that carry passengers are common carriers. Missouri holds common carriers to the highest degree of care for their passengers, which is a higher standard than ordinary drivers have to meet. Claims involving MetroLink, which is run by Bi-State Development's Metro Transit, can raise special questions about notice, immunity and where the case is filed, especially when the injury happened on the Illinois side of the line. Acting quickly protects those claims.
What Evidence Proves Fault in a Train Accident?
Railroads send their own investigators to a crash site within hours. Key evidence can be lost or written over if the injured person waits. The most important evidence often includes:
- The locomotive's event recorder, which shows speed, braking and horn use (49 CFR 229.135)
- Forward-facing and inward-facing locomotive video
- Crossing signal and gate inspection, testing and maintenance records
- Photos and measurements of sight lines, vegetation and crossing conditions
- Prior crashes and near-misses at the same crossing
- Crew work schedules, training records and dispatcher communications
- Track inspection and maintenance logs
A lawyer can send a preservation letter right away so the railroad cannot erase video or recorder data. When a crossing crash also involves a car or truck, our Missouri car accident lawyer and Missouri truck accident lawyer pages explain how those claims work. Families who lost a loved one can learn more from our St. Louis wrongful death lawyer page, and survivors with severe injuries from our Missouri catastrophic injury lawyer page.
