Understand Your Legal Options After a Train Accident With a Car

Ramie Shalabi | September 12, 2025 | Car Accidents

Picture this: you’re driving across the tracks like you’ve done hundreds of times before. The lights flash, the arms drop, and suddenly there’s a train bearing down on your car. Most people don’t think it will ever happen to them—but when it does, the impact is unforgettable.

Survivors of a train accident with a car often walk away dazed, not just from the collision but from the whirlwind that follows. Medical bills, insurance calls, questions about fault—it piles up fast. That’s why knowing your next steps matters so much.

In this post, you’ll find out:

• What to do after a crash with a train
• The most common train accident injuries
• How liability is figured out
• Why speaking with a train accident attorney could change the outcome

What to Do After a Train Accident With Your Car

The moment after a collision is chaos—horns blaring, glass everywhere, maybe smoke coming from the hood. What do you do first?

• Get Checked Out by a Doctor: Even if you think you’re “just shaken up,” hidden injuries like internal bleeding don’t always show at first.
• Call the Police: That official report is evidence you’ll need later.
• Use Your Phone Camera: Snap the damage, the tracks, warning signals (or a lack thereof), skid marks, and anything you see.
• Gather Names and Numbers: Witnesses sometimes leave within minutes, so act fast.
• Be Cautious with Insurers: An adjuster may call the next day offering a quick settlement—talk with a train accident attorney before saying yes.

These steps help preserve your story when questions about fault and damages inevitably come up.

What Are Common Train Accident Injuries?

The weight of a locomotive can crush a car like it’s made out of aluminum foil. That’s why a train accident injury is rarely minor. Some of the most common include:

• Broken Bones and Crush Injuries: Cars buckle under thousands of pounds, trapping legs or arms.
• Head and Brain Trauma: Concussions, memory problems, and even permanent brain damage can follow a violent jolt.
• Spinal Cord Harm: From slipped discs to paralysis, back injuries change how people move, work, and live.
• Organ Damage and Internal Bleeding: Sometimes, symptoms don’t appear until hours later.
• Emotional Wounds: Nightmares, flashbacks, or fear of driving near tracks can linger long after the body heals.

One person might face months in physical therapy. Another could need surgeries and lifelong support. That’s the reality of these wrecks.

Who’s Liable After a Train Hits Your Car?

Responsibility in a train accident with a car isn’t always black and white. More than one party may share blame, including:

• Railroad Companies: If signals didn’t work or crews ignored safety rules, that points to negligence.
• Local or State Government: Poorly designed crossings or broken gates sometimes put drivers in danger.
• Motorists: Midjudging a train’s distance or trying to beat it across the tracks can also play a role in collisions.

Evidence matters—photos, the police report, even data from the train’s “black box.” A train accident attorney knows how to pull those threads together.

And here’s something many don’t realize: South Carolina uses comparative negligence. That means if you’re 25% at fault, your compensation gets cut by that amount. Over 50%? You may get nothing at all. With something as crucial as post-accident compensation on the line after a train accident with a car, it’s worth having a train accident lawyer in your corner.

How a Train Accident Attorney Can Help

So, where does an attorney step in? Think of them as both investigator and shield. Their role can include:

• Tracking Down Evidence Fast: Security footage or signal records don’t last forever.
• Finding Every Responsible Party: Sometimes it’s the railroad, sometimes a city agency, sometimes both.
• Working with Experts: Doctors, engineers, accident reconstruction teams—people who can back up your claim.
• Negotiating with Insurers: Companies may push low offers, hoping you’ll settle just to move on.
• Taking it to Trial: If the other side won’t budge, a lawyer is ready to argue your case in court.

Without that help, you’re left trying to fight potential billion-dollar companies on your own. Who really wants to take that on while recovering from severe injuries?

What Compensation Can Cover

No check can undo the trauma of a train accident with a car, but compensation can ease the financial fallout. Victims may recover damages for:

• Emergency treatment and hospital bills
• Future medical care, like rehab or surgeries
• Missed paychecks and reduced earning ability
• Pain and suffering—both physical pain and emotional scars
• Long-term therapy or assistive equipment

Don’t Wait Too Long

Timing is one of the most overlooked parts of a case. In South Carolina, the statute of limitations usually gives you three years to file after a train accident with a car. That may sound like plenty of time, but in practice, it goes by quickly. Medical appointments, dealing with insurance companies, or just trying to recover can take months or longer.

You typically have three years from when this accident occurred. However, exceptions exist. For example, you may only have up to two years to begin legal action if a train accident with a car involved a governmental entity.

Schedule a Free Consultation with Experienced Train Accident Attorneys

Being hit by a train isn’t like any other wreck. The force, the injuries, the aftermath—it’s on a whole different scale. Victims deserve answers, accountability, and fair compensation.

The experienced attorneys at DSB Law Firm can help cut through the red tape and fight for what you’re owed. If you’re facing this situation, don’t try to carry it alone. Call our law firm after being involved in a train accident with your car. Get your free case review today.