The first question in every train case sounds bureaucratic and decides everything: whose railroad? SEPTA regional rail runs under Pennsylvania’s government-claim rules; Amtrak under federal frameworks; freight railroads under their own liability regimes; and injured railroad workers under FELA — a federal system that replaces workers’ comp entirely. Same tracks, four different bodies of law.
The Four Tracks
- SEPTA regional rail — six-month notice, immunity exceptions, caps: the framework of our SEPTA practice.
- Amtrak — federal claim procedures and deadlines distinct from state rules.
- Freight and crossings — signal, sightline, and maintenance cases where Federal Railroad Administration standards frame duty; crossing collisions with vehicles pair with our crash practice.
- Railroad workers (FELA) — injured rail employees claim under the Federal Employers’ Liability Act: fault-based, damages beyond comp, its own three-year clock. If you work for a railroad, say so first — it changes everything.
Across all four: platform and boarding injuries, derailments, crossing crashes, and pedestrian incidents — with onboard and station video the decisive, fast-vanishing evidence, and mass-transit rail cases covering the subway and trolley side. Fatalities proceed through our wrongful death practice.
Frequently Asked Questions
I don’t know which railroad’s rules apply to my injury. Is that a problem?
It’s our first task, not yours — the ticket, location, and operator records answer it within days. What matters on your side is calling before the shortest possible deadline (six months, if SEPTA) gets close.
I’m a railroad employee hurt on the job. Why not just file workers’ comp?
Because FELA replaces comp for railroad workers — a fault-based federal claim with fuller damages and different strategy. Filing the wrong system wastes months; a free consultation sorts it in one conversation.
A car I was in was hit at a crossing. Who’s liable — the driver or the railroad?
Possibly both — driver conduct and crossing conditions (signals, sightlines, maintenance) get investigated together, with FRA standards framing the railroad’s side.
How long do I have to file?
Generally two years under Pennsylvania law — with a six-month written-notice requirement for claims against government entities and special rules for minors and late-discovered injuries.
What does hiring you cost?
No attorney’s fee unless we recover for you; the contingency percentage and case-cost handling are in the written fee agreement you review before signing. Consultations are free.
Ready to talk about your case? Call (215) 464-4600 or contact us online for a free, confidential consultation — contingency fee, no attorney’s fee unless we recover, costs explained in the written fee agreement.