Federal law. Complex liability. Scott knows how to navigate both.

Railroad accidents sit in a legal world of their own. The rules that govern them who can sue, under what standard, and for what damages are different depending on whether you were a railroad employee at the time or someone else: a driver at a crossing, a passenger, a bystander. Getting these cases right requires understanding federal law and how it interacts with Michigan negligence principles. It also requires moving fast railroads have sophisticated legal and claims operations, and evidence disappears quickly. Scott Reizen has the experience and the federal court admission to handle these cases.

What Michigan Law Says About Railroad Accidents

There are two fundamentally different legal frameworks for railroad accident cases, and which one applies determines everything about how the case is built.

If you were a railroad employee injured on the job, the Federal Employers’ Liability Act FELA, 45 U.S.C. § 51 et seq. governs your claim. FELA is not workers’ compensation. It is a federal negligence statute, and it was designed to level the playing field between railroad workers and the powerful railroads that employ them.

Under FELA, the railroad is liable for injuries caused in whole or in part by the railroad’s negligence, or by any defect in its equipment, tracks, or facilities. The causation standard is extraordinary: the railroad’s negligence need only have played “any part, even the slightest,” in causing the worker’s injury. Courts call this the “featherweight” causation standard, and it is far more favorable to plaintiffs than ordinary negligence causation.

If the railroad violated a federal safety statute like the Federal Railroad Safety Act or the Locomotive Inspection Act the violation is negligence per se, and the railroad has no defense to liability. It only disputes causation and damages.

The FELA statute of limitations is three years from the date of injury. Railroad workers cannot be told to use company medical providers exclusively, and they cannot sign away their FELA rights in employment agreements. FELA damages include past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, and disability. There is no cap.

If you were not a railroad employee if you were a motorist hit at a crossing, a pedestrian struck by a train, or a passenger injured in a derailment the FELA framework does not apply. These cases are governed by ordinary Michigan negligence law, with federal railroad regulations serving as evidence of the standard of care.

Federal Railroad Administration regulations specify requirements for grade crossing signals, warning devices, sight lines, and track maintenance. A railroad’s failure to maintain its equipment or signals in compliance with these federal standards is relevant evidence of negligence in a non-employee case. Michigan’s three-year statute of limitations under MCL 600.5805 applies to these claims.

How Railroad Cases Work in Michigan

Railroads are institutional defendants with litigation experience and institutional knowledge of how these cases are defended. They have claims departments, in-house counsel, and retained defense firms. From the moment an incident occurs, the railroad is preserving evidence from its perspective.

The critical challenge for plaintiffs is getting equivalent access to evidence before it disappears. In employee cases under FELA, this means demanding preservation of maintenance records, track inspection reports, equipment logs, and crew records immediately. In crossing accident cases, it means preserving physical evidence from the scene, obtaining the event recorder data from the locomotive, and documenting the condition of the crossing signals and sight lines.

Railroad injury cases also frequently involve significant damages. FELA cases employee cases often involve workers who have spent years in physically demanding jobs and whose injuries have ended or significantly impaired their careers. Lost earning capacity calculations require vocational and economic expert analysis. Serious crossing accident cases can involve catastrophic injuries requiring full life care planning.

What The Reizen Law Group Does Differently

Scott is admitted in the United States District Court for the Eastern District of Michigan, where federal law claims including FELA cases are litigated. He brings the same inside-knowledge perspective to railroad cases that defines his practice across the board: understanding how corporate defendants and their insurers value and defend these claims, and using that knowledge to build the strongest possible case for his client.

He approaches these cases with urgency. Railroad evidence locomotive event recorders, wayside detector data, track geometry records exists in systems that routinely overwrite themselves. Preservation letters have to go out within days, not weeks. Scott understands this, and he acts accordingly.

Former insurance defense. Now fighting for the injured. No fee unless we win.

Common Types of Railroad Accident Cases

  • FELA employee injury claims track workers, conductors, engineers, maintenance-of-way employees; injuries from falls, heavy equipment, repetitive stress, toxic exposure, and train collisions
  • Grade crossing collisions vehicle struck by a train at a public or private crossing; defective warning signals, obscured sight lines, inadequate crossing markings
  • Pedestrian accidents individuals struck while on or near railroad tracks; trespasser status affects duty analysis
  • Passenger injuries injuries aboard trains in derailments, sudden stops, or falls; railroad owes a duty of care to passengers
  • Track defect cases broken rails, improper track maintenance, or inadequate inspection resulting in derailments
  • Equipment failures locomotive defects, coupling failures, or other mechanical issues under FELA’s Locomotive Inspection Act provisions
  • Toxic and occupational exposure railroad workers exposed to diesel exhaust, asbestos in railcar insulation, or other occupational hazards; FELA covers occupational disease claims

Frequently Asked Questions

I was injured working for a railroad. Is this a workers’ comp case?

No. Federal law specifically FELA, 45 U.S.C. § 51 governs most railroad employee injury claims instead of state workers’ compensation. This is a critical distinction. Under FELA, you can recover for pain and suffering and full lost wages, not just the limited benefits workers’ comp provides. You must show railroad negligence, but the causation standard is extremely favorable to workers. Don’t let the railroad direct you toward workers’ comp without understanding your FELA rights.

The railroad is offering me a settlement right after my injury. Should I accept?

Be very cautious. Railroad claims departments are skilled at approaching injured workers quickly, before they’ve spoken with a lawyer or understand the full extent of their injuries. Early settlements routinely undervalue serious claims often significantly. Under FELA, you can settle your claim, but once you’ve signed a release, your rights are extinguished. Speaking with an attorney before any settlement is essential.

I was in a car accident at a railroad crossing. The train’s warning lights didn’t work. What are my options?

If the crossing signals failed and contributed to the accident, you may have a negligence claim against the railroad. Federal Railroad Administration regulations specify what warning systems are required at public crossings and what maintenance standards apply. The railroad’s failure to maintain its crossing equipment in compliance with federal standards is relevant evidence of negligence in your case. Documenting the condition of the crossing immediately after the accident is important.

What is the deadline to file a FELA railroad employee injury claim?

Three years from the date of injury under FELA’s own statute of limitations. For occupational disease claims injuries that develop gradually over time, such as hearing loss, repetitive stress injuries, or cancer from toxic exposure the limitations period is measured from when you knew or should have known of the injury and its railroad-related cause. Act promptly.

Can the railroad require me to use their doctors?

No. Under FELA, railroad employees have the right to choose their own treating physicians. The railroad cannot require you to use company-designated doctors exclusively, and you cannot be retaliated against for filing a FELA claim. If you’ve been pressured to use railroad-approved medical providers only, that itself is worth discussing with an attorney.

What damages are available in a FELA case?

FELA damages include past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, disability, and loss of enjoyment of life. There is no cap. The “featherweight” causation standard requiring only that railroad negligence played any part in the injury makes it significantly easier to establish liability than in ordinary negligence cases.

Talk to Scott

Railroad cases require specialized knowledge of federal law and fast action to preserve critical evidence. Scott Reizen is admitted in federal court in the Eastern District of Michigan and has the experience to handle both FELA employee claims and non-employee railroad accident cases. Call (248) 554-3440 for a free consultation. No fee unless we win.

Railroad Accidents

Federal law. Complex liability. Scott knows how to navigate both.

Railroad accidents sit in a legal world of their own. The rules that govern them who can sue, under what standard, and for what damages are different depending on whether you were a railroad employee at the time or someone else: a driver at a crossing, a passenger, a bystander. Getting these cases right requires understanding federal law and how it interacts with Michigan negligence principles. It also requires moving fast railroads have sophisticated legal and claims operations, and evidence disappears quickly. Scott Reizen has the experience and the federal court admission to handle these cases.

What Michigan Law Says About Railroad Accidents

There are two fundamentally different legal frameworks for railroad accident cases, and which one applies determines everything about how the case is built.

If you were a railroad employee injured on the job, the Federal Employers’ Liability Act FELA, 45 U.S.C. § 51 et seq. governs your claim. FELA is not workers’ compensation. It is a federal negligence statute, and it was designed to level the playing field between railroad workers and the powerful railroads that employ them.

Under FELA, the railroad is liable for injuries caused in whole or in part by the railroad’s negligence, or by any defect in its equipment, tracks, or facilities. The causation standard is extraordinary: the railroad’s negligence need only have played “any part, even the slightest,” in causing the worker’s injury. Courts call this the “featherweight” causation standard, and it is far more favorable to plaintiffs than ordinary negligence causation.

If the railroad violated a federal safety statute like the Federal Railroad Safety Act or the Locomotive Inspection Act the violation is negligence per se, and the railroad has no defense to liability. It only disputes causation and damages.

The FELA statute of limitations is three years from the date of injury. Railroad workers cannot be told to use company medical providers exclusively, and they cannot sign away their FELA rights in employment agreements. FELA damages include past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, and disability. There is no cap.

If you were not a railroad employee if you were a motorist hit at a crossing, a pedestrian struck by a train, or a passenger injured in a derailment the FELA framework does not apply. These cases are governed by ordinary Michigan negligence law, with federal railroad regulations serving as evidence of the standard of care.

Federal Railroad Administration regulations specify requirements for grade crossing signals, warning devices, sight lines, and track maintenance. A railroad’s failure to maintain its equipment or signals in compliance with these federal standards is relevant evidence of negligence in a non-employee case. Michigan’s three-year statute of limitations under MCL 600.5805 applies to these claims.

How Railroad Cases Work in Michigan

Railroads are institutional defendants with litigation experience and institutional knowledge of how these cases are defended. They have claims departments, in-house counsel, and retained defense firms. From the moment an incident occurs, the railroad is preserving evidence from its perspective.

The critical challenge for plaintiffs is getting equivalent access to evidence before it disappears. In employee cases under FELA, this means demanding preservation of maintenance records, track inspection reports, equipment logs, and crew records immediately. In crossing accident cases, it means preserving physical evidence from the scene, obtaining the event recorder data from the locomotive, and documenting the condition of the crossing signals and sight lines.

Railroad injury cases also frequently involve significant damages. FELA cases employee cases often involve workers who have spent years in physically demanding jobs and whose injuries have ended or significantly impaired their careers. Lost earning capacity calculations require vocational and economic expert analysis. Serious crossing accident cases can involve catastrophic injuries requiring full life care planning.

What The Reizen Law Group Does Differently

Scott is admitted in the United States District Court for the Eastern District of Michigan, where federal law claims including FELA cases are litigated. He brings the same inside-knowledge perspective to railroad cases that defines his practice across the board: understanding how corporate defendants and their insurers value and defend these claims, and using that knowledge to build the strongest possible case for his client.

He approaches these cases with urgency. Railroad evidence locomotive event recorders, wayside detector data, track geometry records exists in systems that routinely overwrite themselves. Preservation letters have to go out within days, not weeks. Scott understands this, and he acts accordingly.

Former insurance defense. Now fighting for the injured. No fee unless we win.

Common Types of Railroad Accident Cases

  • FELA employee injury claims track workers, conductors, engineers, maintenance-of-way employees; injuries from falls, heavy equipment, repetitive stress, toxic exposure, and train collisions
  • Grade crossing collisions vehicle struck by a train at a public or private crossing; defective warning signals, obscured sight lines, inadequate crossing markings
  • Pedestrian accidents individuals struck while on or near railroad tracks; trespasser status affects duty analysis
  • Passenger injuries injuries aboard trains in derailments, sudden stops, or falls; railroad owes a duty of care to passengers
  • Track defect cases broken rails, improper track maintenance, or inadequate inspection resulting in derailments
  • Equipment failures locomotive defects, coupling failures, or other mechanical issues under FELA’s Locomotive Inspection Act provisions
  • Toxic and occupational exposure railroad workers exposed to diesel exhaust, asbestos in railcar insulation, or other occupational hazards; FELA covers occupational disease claims

Frequently Asked Questions

I was injured working for a railroad. Is this a workers’ comp case?

No. Federal law specifically FELA, 45 U.S.C. § 51 governs most railroad employee injury claims instead of state workers’ compensation. This is a critical distinction. Under FELA, you can recover for pain and suffering and full lost wages, not just the limited benefits workers’ comp provides. You must show railroad negligence, but the causation standard is extremely favorable to workers. Don’t let the railroad direct you toward workers’ comp without understanding your FELA rights.

The railroad is offering me a settlement right after my injury. Should I accept?

Be very cautious. Railroad claims departments are skilled at approaching injured workers quickly, before they’ve spoken with a lawyer or understand the full extent of their injuries. Early settlements routinely undervalue serious claims often significantly. Under FELA, you can settle your claim, but once you’ve signed a release, your rights are extinguished. Speaking with an attorney before any settlement is essential.

I was in a car accident at a railroad crossing. The train’s warning lights didn’t work. What are my options?

If the crossing signals failed and contributed to the accident, you may have a negligence claim against the railroad. Federal Railroad Administration regulations specify what warning systems are required at public crossings and what maintenance standards apply. The railroad’s failure to maintain its crossing equipment in compliance with federal standards is relevant evidence of negligence in your case. Documenting the condition of the crossing immediately after the accident is important.

What is the deadline to file a FELA railroad employee injury claim?

Three years from the date of injury under FELA’s own statute of limitations. For occupational disease claims injuries that develop gradually over time, such as hearing loss, repetitive stress injuries, or cancer from toxic exposure the limitations period is measured from when you knew or should have known of the injury and its railroad-related cause. Act promptly.

Can the railroad require me to use their doctors?

No. Under FELA, railroad employees have the right to choose their own treating physicians. The railroad cannot require you to use company-designated doctors exclusively, and you cannot be retaliated against for filing a FELA claim. If you’ve been pressured to use railroad-approved medical providers only, that itself is worth discussing with an attorney.

What damages are available in a FELA case?

FELA damages include past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, disability, and loss of enjoyment of life. There is no cap. The “featherweight” causation standard requiring only that railroad negligence played any part in the injury makes it significantly easier to establish liability than in ordinary negligence cases.

Talk to Scott

Railroad cases require specialized knowledge of federal law and fast action to preserve critical evidence. Scott Reizen is admitted in federal court in the Eastern District of Michigan and has the experience to handle both FELA employee claims and non-employee railroad accident cases. Call (248) 554-3440 for a free consultation. No fee unless we win.