Train & Railroad Accident Lawyers Serving Northeastern & Central PA
Serving Wilkes-Barre, Scranton, Hazleton and all of Luzerne & Lackawanna Counties, plus Harrisburg. Passenger, crossing and railroad-worker (FELA) claims. Free consultation — no fee unless we win.
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Train Accident Lawyers Serving Wilkes-Barre, Scranton & Central Pennsylvania
Freight trains run through Wilkes-Barre, Scranton and every town along the Susquehanna and Lackawanna valleys — Norfolk Southern and the Reading Blue Mountain & Northern through Luzerne County, the Delaware-Lackawanna Railroad and Steamtown's excursion trains in Scranton, and Norfolk Southern's yard and Amtrak's Keystone and Pennsylvanian service at the Harrisburg Transportation Center. Crossing collisions, derailments and injuries to railroad workers can be devastating, and the law that applies is different from an ordinary car crash. Railroad employees, in particular, are covered by the Federal Employers Liability Act (FELA) rather than workers' compensation.
At PA Attorney Source, our Wilkes-Barre railroad injury attorneys understand the physical, emotional and financial toll these events inflict on families in Luzerne, Lackawanna and Dauphin Counties. We are committed to helping you rebuild your life by pursuing the maximum compensation available. Our team has a deep understanding of federal and state rail regulations and a practical understanding of how these complex cases are built.
From 2018 to 2022, Pennsylvania saw 358 reported train accidents, with derailments being a major concern, especially in rural areas. Many of those incidents happened on the freight lines and grade crossings of Northeastern Pennsylvania.
Train Accidents in Pennsylvania: The Numbers
358
Train accidents reported in Pennsylvania (2018-2022)
81%
Of rural PA train accidents were derailments
2 Years
Typical statute of limitations for PA train accident injury claims (FELA claims differ)
Common Causes of Train Accidents: Holding Negligent Parties Accountable
Understanding the cause of a train accident is crucial for building a strong claim. Our Pennsylvania train accident attorneys investigate all potential factors, including:
Track Defects and Poor Maintenance
Broken rails, faulty welds, and other track defects are leading causes of train derailments in PA. Railroad companies have a strict duty to regularly inspect, maintain, and repair their tracks to prevent these dangerous failures. Negligence in this area can lead to catastrophic accidents involving Amtrak, excursion, or freight trains.
Human Error (Operator or Crew Negligence)
Conductor fatigue, distraction, inadequate training, speeding, or failure to follow critical safety protocols can lead to devastating accidents. Operating a train under the influence of drugs or alcohol is a severe form of negligence. Our FELA lawyers in Pennsylvania are experienced in handling cases involving railroad worker negligence.
Signal and Switch Failures
Malfunctioning signals or improperly set switches can cause trains to collide, derail, or enter incorrect tracks. These critical safety systems must be meticulously maintained by rail operators to prevent catastrophic accidents across Pennsylvania's rail network.
Highway-Rail Crossing Accidents
Collisions at railroad crossings — the many unsignaled and lightly protected crossings on the freight lines through Luzerne and Lackawanna Counties among them — often result from inadequate warning signals, obstructed views, or driver error. If you were injured in a crossing accident, our attorneys can help determine liability.
Mechanical Failures & Defective Equipment
Defective train components, including wheels, axles, brakes, and coupling mechanisms, can lead to derailments or collisions. Proper inspection, maintenance, and replacement of faulty equipment are essential to prevent these failures. Manufacturers may also be liable.
Improper Loading and Hazardous Materials
Improperly secured cargo or the mishandling of hazardous materials can cause trains to become unbalanced and derail. When hazardous materials are involved, these accidents can have devastating environmental and health consequences for communities near rail lines in Pennsylvania.
Types of Train Accident Cases We Handle
Our train accident lawyers handle a wide range of railroad incidents involving the region's freight carriers, Amtrak service at Harrisburg, and tourist and excursion railroads. We represent:
Train Derailments
When train cars leave the tracks, often resulting in catastrophic injuries and extensive damage. Derailments are a significant concern on Pennsylvania's busy rail corridors.
Railroad Crossing Accidents
Collisions between trains and vehicles or pedestrians at railroad crossings. These often result in severe injuries or fatalities due to the massive force of trains. We investigate issues like signal malfunctions or obstructed views in these PA railroad crossing accident claims.
Passenger Injuries (Amtrak, Steamtown Excursions, etc.)
Injuries to passengers on Amtrak, excursion trains such as those operating from Steamtown, or other passenger rail services due to sudden stops, derailments, collisions, or unsafe station conditions.
Railroad Worker Injuries (FELA Claims)
Injuries to employees of railroad companies. These complex cases are governed by the Federal Employers Liability Act (FELA), not standard workers' compensation. Our FELA lawyer Pennsylvania team is adept at these claims.
Train-on-Train Collisions
Head-on or rear-end collisions between two trains, often resulting from signal errors, switch problems, or dispatcher mistakes. These can cause widespread devastation and multiple severe injuries.
Hazardous Material Spills & Exposure
Accidents involving the release of toxic chemicals or other hazardous materials, potentially harming railroad workers, passengers, and nearby communities along the rail corridors through the Wyoming Valley and Scranton.
Who Can Be Held Liable in a Train Accident?
Determining liability in PA train accident cases is often complex due to multiple potentially responsible parties. Our experienced railroad accident attorneys in Pennsylvania conduct thorough investigations to identify all liable entities, which may include:
Railroad Companies (e.g., Norfolk Southern, Reading Blue Mountain & Northern, Delaware-Lackawanna, Amtrak)
Railroad companies have a non-delegable duty to maintain their tracks, trains, and equipment in safe working order. They can be held liable for accidents caused by negligent maintenance, inadequate employee training, failure to follow federal and state safety regulations, or unsafe operational practices.
Train Operators and Crew Members
Train engineers, conductors, and other crew members may be personally liable if their negligence (e.g., speeding, distraction, impairment, violation of rules) contributed to a train crash in Pennsylvania.
Equipment Manufacturers or Maintenance Companies
If defective train parts (brakes, wheels, signals) or faulty maintenance performed by third-party contractors caused or contributed to an accident, these entities may be held liable under product liability or negligence laws.
Government Entities
In some instances, local, state, or federal government agencies responsible for railroad crossing design, signage, maintenance, or oversight may share liability. Claims against government entities in Pennsylvania have specific procedural requirements and shorter filing deadlines, making prompt consultation with a train accident lawyer PA essential.
Other Negligent Parties
This could include other vehicle drivers at crossings, companies responsible for trackside hazards, or entities that improperly loaded cargo leading to a derailment.
Pennsylvania's Modified Comparative Negligence Rule
Pennsylvania follows a modified comparative negligence rule (51% bar rule). This means you can still recover damages even if you were partially at fault, as long as your fault is not greater than the combined fault of the defendants (i.e., 50% or less). Your compensation will be reduced by your percentage of fault. Our attorneys work diligently to counter unfair allegations of fault to maximize your recovery.
For example, if you are found 20% at fault for a crossing accident and your damages total $100,000, your recovery would be $80,000. Careful handling of the fault question is vital to protect your interests.
Railroad Worker Injuries: FELA Claims
Railroad workers injured on the job in Pennsylvania are not covered by standard state workers' compensation laws. Instead, their rights are protected by the Federal Employers' Liability Act (FELA). This federal law provides a specific system for compensating injured railroad employees if their injury resulted, in whole or in part, from the negligence of the railroad, its agents, or employees, or due to any defect in its equipment, tracks, or facilities. If you work for Norfolk Southern, the Reading Blue Mountain & Northern, the Delaware-Lackawanna or any other carrier and were hurt on the job, you need a lawyer who handles FELA claims.
How FELA Differs from Workers' Compensation
- FELA is fault-based: You must prove railroad negligence (even slight negligence is enough).
- Potentially greater compensation: FELA allows recovery for a broader range of damages.
- Pain and suffering damages are recoverable under FELA.
- FELA claims have a three-year statute of limitations from the date of injury or discovery.
- Claims can be filed in state or federal court. Our FELA claims for injured railroad workers team can guide you.
Proving a FELA Claim in PA
To succeed, an injured railroad worker, with the help of their FELA attorney PA, must prove:
- Employment by a common carrier railroad engaged in interstate commerce.
- The injury occurred within the scope of their employment.
- The railroad was negligent (failed to provide a reasonably safe place to work, proper equipment, adequate training, etc.).
- The railroad's negligence caused or contributed, even in the slightest, to the injury.
Compensation Under FELA
Unlike workers' compensation, FELA allows injured railroad workers in Pennsylvania to recover comprehensive damages, including:
- Past and future medical expenses.
- Physical pain and suffering (past and future).
- Permanent disability and impairment.
- Full lost wages and diminished future earning capacity.
- Mental and emotional distress.
- Disfigurement and scarring.
Successfully navigating a FELA claim requires an experienced FELA lawyer in Pennsylvania who understands the specific tactics railroads use to defend these cases.
Compensation Available to Train Accident Victims
The aftermath of a train accident in Pennsylvania often involves substantial medical bills, lost income, and profound personal suffering. As your dedicated Train Accident Lawyer PA, we fight to secure full and fair compensation for all your losses, whether you were a passenger, bystander, or railroad employee covered by FELA. Damages may include:
Economic Damages (Tangible Losses)
- Medical Expenses: All current and future costs for treatment, hospital stays, surgery, rehabilitation, medications, and necessary medical equipment related to your train accident injuries.
- Lost Income: Wages, salaries, benefits, and other earnings lost while recovering from the accident.
- Diminished Earning Capacity: Compensation if your injuries permanently reduce your ability to earn income in the future.
- Property Damage: Costs to repair or replace your vehicle or other personal property damaged in the train accident.
- Home Modifications & Assistive Care: Expenses for necessary changes to your home or for ongoing care due to disabilities caused by the accident.
Non-Economic Damages (Intangible Losses)
- Pain and Suffering: Compensation for the physical pain, discomfort, and suffering caused by your injuries.
- Emotional Distress: Damages for mental anguish, anxiety, depression, PTSD, and other psychological impacts of the traumatic event.
- Loss of Enjoyment of Life: Compensation for the inability to engage in hobbies, activities, and aspects of life you previously enjoyed.
- Loss of Consortium: Impact on your relationship with your spouse or domestic partner due to your injuries.
- Disfigurement and Scarring: Compensation for permanent physical changes resulting from injuries sustained in the train accident.
Wrongful Death Claims in Train Accidents
If you have tragically lost a loved one in a Pennsylvania train accident due to negligence, you may be entitled to file a wrongful death claim. These claims seek compensation for funeral and burial expenses, loss of financial support, loss of companionship, emotional anguish, and other damages. Pennsylvania law specifies who can file such claims, typically starting with the spouse, children, or parents of the deceased. Our compassionate attorneys can guide you through this difficult process.
Time Limits (Statute of Limitations) for Filing Train Accident Claims
In Pennsylvania, the statute of limitations for most personal injury claims arising from train accidents is generally two years from the date of the accident. However, this critical deadline can vary:
- Claims against government entities (municipalities, transit authorities) often have much shorter notice requirements (e.g., 6 months) and specific procedures.
- FELA claims for railroad workers have a three-year statute of limitations from the date the worker knew or should have known of the injury and its cause.
- Claims involving minors may sometimes be extended.
It is absolutely crucial to consult with an experienced train accident lawyer in PA as soon as possible to protect your rights and ensure your claim is filed within all applicable deadlines. Missing a deadline can mean losing your right to compensation forever.
Why Choose PA Attorney Source as Your Train Accident Lawyer
When you're facing the aftermath of a serious train accident in Pennsylvania, choosing the right legal representation is critical. At PA Attorney Source, we offer:
Focused Experience in PA Train Law
Our attorneys possess deep experience handling complex train accident cases throughout Pennsylvania, including intimate knowledge of railroad regulations (state and federal), FELA claims for workers, and specific PA liability laws. We understand the tactics used by large railway corporations.
Thorough Investigation & Resources
We conduct exhaustive investigations, often working with leading industry experts, accident reconstructionists, and medical professionals to build the strongest possible cases for our clients in Wilkes-Barre, Scranton, Harrisburg and across the state.
Attorney-Reviewed, No Fee Unless We Win
Every train accident inquiry is reviewed by a licensed Pennsylvania attorney, and we work on a contingency basis — no fee unless we win — so victims and their families can pursue the financial resources needed to recover and rebuild.
Personalized, Compassionate Attention
We provide individualized attention and compassionate support to each client. We maintain open communication, ensuring you're informed and involved throughout the legal process. You are not just a case number to us.
No Fee Unless We Win Your Case
We represent train accident victims on a contingency fee basis. This means you pay absolutely no attorney fees unless we successfully secure compensation for you. This allows everyone access to quality legal representation.
Serving All of Pennsylvania
Our office is in Wilkes-Barre and we serve clients throughout Luzerne, Lackawanna and Dauphin Counties. We can meet you where it's most convenient, including at the hospital.
Frequently Asked Questions About Train Accident Claims
Answers for injured passengers, crossing victims and railroad workers under Pennsylvania and federal rail law.
Depending on how the crash happened: the railroad operating the train, a separate company that owns or maintains the track, the manufacturer of failed equipment or signals, and at a grade crossing sometimes the authority responsible for the road approaching it. Northeastern Pennsylvania's lines are run by freight operators like Norfolk Southern, Reading Blue Mountain & Northern and the Delaware-Lackawanna, with Amtrak service at Harrisburg — and each entity involved has its own insurers and lawyers. We identify every responsible party before anyone else frames the story.
Three things. First, a railroad carrying passengers is a common carrier, held to a high duty of care under Pennsylvania law. Second, the industry is federally regulated, so violations of federal safety rules can define negligence. Third, the defendant is a corporation whose claims team starts working the scene immediately — while the critical evidence sits in the railroad's own hands. An injured person who waits weeks to get representation starts the case at a serious disadvantage.
Grade-crossing cases turn on the crossing itself: did the lights and gates work, was vegetation or a curve blocking the sight lines, was the crossing surface and signage maintained? The railroad is responsible for its signals and track; a government body may share responsibility for the approaching road — and a claim against a government entity requires written notice within six months (42 Pa. C.S. § 5522). We inspect and photograph the crossing quickly, before repairs or clearing change what a jury would see.
Yes — and this is where rail cases differ most from every other workplace injury. Railroad workers are not covered by workers' compensation; they sue under the Federal Employers' Liability Act (FELA, 45 U.S.C. § 51 and following), which allows recovery for pain and suffering and full wage loss that workers' comp never pays. FELA requires proving the railroad was at least partly negligent — unsafe equipment, inadequate training, unsafe procedures — and gives you three years to file. Talk to us before signing anything from the railroad's claims agent.
The train's event recorder — its black box — captures speed, braking and horn use; signal-system data shows what the crew and any motorist were told; inspection and maintenance records show what the railroad knew about the track, crossing or equipment; crew scheduling records bear on fatigue. Locomotive and crossing cameras increasingly capture the event itself. All of it belongs to the railroad, which is why our first step in every rail case is a preservation demand that puts the company on notice not to lose or overwrite it.
Possibly, yes. Pennsylvania's modified comparative negligence rule (42 Pa. C.S. § 7102) reduces recovery by your percentage of fault and bars it only above 50% — and blaming the victim is the railroad's standard opening position, especially at crossings. Whether the gates actually worked, whether the horn sounded when required, and whether the sight lines met standards are questions the railroad's own data answers. In FELA worker cases, contributory fault likewise reduces but does not eliminate recovery.
It depends on who you are in the case. Injured passengers, motorists and bystanders have two years under Pennsylvania law (42 Pa. C.S. § 5524); railroad workers suing under FELA have three; a claim involving a government entity requires written notice within six months (§ 5522); and for an injured child the state clock generally starts at 18 (§ 5533(b)). The evidence timeline is far shorter than any of these — event-recorder data and camera footage need to be preserved in days, not years.
Train crashes involve enormous forces, so these cases are often valued on catastrophic-injury measures: lifetime medical care, permanent loss of earning capacity, and the human cost of the injury. The realistic number depends on your medical records and the liability evidence, not a formula, and no honest lawyer quotes one at the first meeting. The consultation is free and confidential, we advance the case costs, and our fee is a written contingency — nothing unless we recover for you.
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Our train accident attorneys are standing by to review your case and explain your legal options. Don't wait - the sooner we can start investigating your accident, the stronger your case will be.
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Areas We Serve
Our office is in Wilkes-Barre. We represent injured people across the Wyoming Valley and Scranton area, and in Harrisburg and Dauphin County:
Luzerne County
- Wilkes-Barre
- Hazleton
- Kingston
- Pittston
- Nanticoke · Plymouth · Mountain Top
- All Luzerne County Locations
Lackawanna County
- Scranton
- Dunmore · Carbondale · Clarks Summit · Dickson City
- All Lackawanna County Locations
Dauphin County
- Harrisburg
- Hershey · Middletown · Colonial Park
- All Dauphin County Locations
Reviewed by
Joseph J. Mashinski, Esq.
— Managing Attorney, PA Attorney Source. Pennsylvania attorney since 2005 (PA ID 201414), Penn State Dickinson Law. Joseph reviews every case inquiry that comes to the firm.