South Carolina Train Accident Injury Attorneys

Frequently Asked Questions about Train Accident

If I suffer physical injuries while I am a passenger on a train in South Carolina, is the railroad company liable for my injuries?

The general rule in South Carolina is that a common carrier may be liable for personal injuries to passengers. A railroad company, which is a common carrier, is generally required to use the highest degree of care during the transportation of its passengers to the appropriate destination.

Generally, the carrier is responsible for physical injuries or bodily harm sustained by a passenger during transportation that could have been avoided if the carrier had used better care or diligence.

Depending upon State law, if a personal injury occurs as the result of the carrier's noncompliance with safety laws, the carrier may be found to have absolute liability for personal injuries. Also, in certain circumstances a common carrier may have a duty to warn its passengers of dangers that exist in transport and that are known to the carrier.

As a motorist in South Carolina, what are my responsibilities when I approach a public grade crossing?

It is typically required that a motorist in South Carolina who is approaching a grade crossing, upon detecting an oncoming train, must stop no less than 15 feet from the nearest rail and wait until the train has cleared the crossing.

What responsibilities and duties do a train crew have when approaching a public grade crossing in South Carolina?

Railroads have a duty to provide due and timely warning to the general public when their trains approach a crossing. According to Federal law, all trains must be equipped with and utilize headlights of a specified brightness and horns that produce a warning sound which meets a minimum loudness standard. State laws often specify that a horn must be sounded when approaching a crossing.

What are the responsibilities of the railroad in regards to providing grade crossing protection in South Carolina?

The final decision on the level of grade crossing protection to be provided is subject to Federal approval. Therefore, railroads are not usually held liable on the issue of the adequacy of such protection. However, railroads typically install and maintain the protective devices selected. Therefore, they can be found liable when a grade crossing accident is found to have been caused in part or whole from improper installation and/or maintenance of those devices.

Why are there so few grade crossings protected by flashing lights and/or gates in South Carolina as well as throughout the rest of the United States?

There is an enormous price difference between installing flashing lights and gates, as compared to other warning devices. For example, the cost of a fully installed and operating set of flashing lights and crossing gates can cost more $150,000; while a crossbuck can be installed for around $1,000 with very little maintenance.

What should I do following a South Carolina railroad or train accident?

If you have been injured in a train accident, you should seek medical attention immediately, even if you do not have any visible signs of injury. Next, you should contact a South Carolina train crash lawyer from the Louthian Law Firm for a free consultation regarding your train accident case.

South Carolina Train Accident Injury Lawyer Disclaimer: The train accident, train derailment, railroad accident, or other legal personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Further communication with our attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a Columbia SC train accident attorney at the Louthian Law Firm, P.A. for a consultation on your particular personal injury matter. This web site is not intended to solicit clients for matters outside of the state of South Carolina.