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Can Family Sue? CA Vagrant Throws Old Woman Into Oncoming Train

The answer is maybe, and an actual train accident attorney in California will explain why. The family of 74-year-old Corazon Dandan, who tragically lost her life after a homeless man pushed a 74-year-old woman into a Millbrae bound train. This was at a downtown San Francisco station, and this article is for the family who might be exploring their legal options, maybe even against BART Police.

It appears evident that safety concerns related to dangerous vagrants at train stations, particularly by the Bay Area Rapid Transit (BART), have been an ongoing issue. When a woman dies like this, can the family hold the train company accountable for the homicide?

What about suing the Powell Street Station BART system? At the outset, the transient will likely be charged with criminal elder abuse, assuming he is booked at all. Knowing Gavin Newsom and his prosecutors, San Francisco County Jail has probably already released this killer.

And you can’t sue a vagrant with no money, right? So that leaves the survivor’s representative to sue for the killing, but who? Here are your options to begin the investigation: the train company, government agencies, or someone responsible for security. So the answer is you may be able to sue someone over the murder, says California train accident attorney Michael Ehline.

In cases of wrongful death, certain key elements must be established: 

  • Duty of Care: BART investigators had a duty to ensure the safety of its passengers, including maintaining a secure environment at its stations.
  • Breach of Duty: The presence of a dangerous vagrant who managed to push Dandan onto the tracks could be seen as a breach of this duty.
  • Causation: The breach must have directly led to the injury and subsequent death of Dandan.
  • Damages: The family must show the quantifiable impact of Dandan’s death, such as emotional distress, medical expenses, and loss of income.

“With a proven track record, Ehline Law Firm has secured millions for families of wrongful death train accident victims,” says Michael Ehline, the founder. “We understand the pain and suffering that comes from losing a loved one and are dedicated to holding negligent entities accountable.”

Element

Duty of Care

The train company had an obligation to ensure a safe environment for its passengers. Breach of Duty The breach could involve inadequate security measures to prevent unauthorized access by dangerous individuals.

Causation

There must be a direct link between the train company’s breach of duty and the fatal incident.

Damages Dandan’s family can claim financial losses, emotional suffering, and punitive damages.

Legal precedents for suing a train company in wrongful death cases involving third-party actions often revolve around foreseeability and duty of care. Train companies, much like authorities, carry the legal obligation of ensuring passenger safety. This duty entails taking reasonable measures to prevent foreseeable harm, even if such harm comes from third parties, such as vagrants or criminals. 

Case Law

A key precedent in this area is the case of Weirum v. RKO General, Inc. (1975), where the California Supreme Court held that a radio station could be held liable for the wrongful death of a motorist caused by a reckless driver incited by a radio contest. The court underscored the foreseeability of harm and the duty to avoid creating unreasonable risks. 

In Lopez v. Southern California Rapid Transit District (1985), the California Supreme Court ruled a public transit authority could be liable for injuries from third-party criminal acts. The court emphasized the role of foreseeability and the obligation to maintain a safe passenger environment. 

Another significant case is Delta Airlines, Inc. v. August (1981), in which the U.S. Supreme Court discussed an airline’s responsibility to protect passengers from foreseeable harm, including third-party actions. Although this case involved an airline, duty of care and foreseeability principles are also highly relevant to train companies. 

Unforeseeable?

Train companies might present several defenses in wrongful death cases involving third-party actions. One common defense is the lack of foreseeability, arguing that the criminal act was unpredictable and, therefore, couldn’t have been reasonably prevented. Another defense is contributory negligence, where the company claims that the victim’s actions contributed to the incident. 

Train companies might invoke the defense of an intervening cause, contending that the third party’s criminal act was an independent, unforeseeable event that breaks the chain of causation, thereby absolving the company of liability. They may point to compliance with industry standards and regulations as proof of reasonable measures to ensure passenger safety. 

Ultimately, the success of a wrongful death claim involving third-party actions hinges on specifics. This includes the foreseeability of the harm, the measures the company took to prevent such damage, and the legal arguments from both sides.

What Defenses Are Available to Train Companies in Injury Cases?

BART may rely on several defenses to mitigate its liability. For one thing, police have no duty to protect individuals, so it is doubtful suing the police would work. The other potential defendants could argue the unforeseeability of Belmont’s actions, claiming that erratic behavior is challenging to stop despite reasonable security measures. Additionally, BART might assert that they had protocols like surveillance and station patrols to prevent such tragedies. 

Contributory or Comparative Negligence

  • Contributory Negligence: In some areas, if a plaintiff is even slightly at fault for their injuries, they might not be able to recover any damages.
  • Comparative Negligence: In other jurisdictions, a plaintiff’s compensation may be reduced according to their percentage of fault.

There are two types: 

Pure Comparative Negligence: Under this rule, such as in California, a plaintiff can recover damages even if they are 99% at fault, but their percentage of fault will reduce their recovery.

  • Modified Comparative Negligence: In this case, a plaintiff can only recover if they are less than 50% or 51% at fault, depending on the state.

Assumption of Risk

The defense might argue that the plaintiff voluntarily assumed known risks associated with being in a dangerous area filled with homeless individuals. For example, if someone crosses a railroad track with clear warnings, the train company might claim the person assumed the risk. 

Preemption by Federal Law

Train companies could argue that federal regulations, like those under the Federal Railroad Safety Act (FRSA), preempt state laws, shielding them from liability if they comply with federal standards. 

Statute of Limitations

The defense might assert that the plaintiff’s claim is time-barred if not filed within the legal timeframe allowed for these cases. 

Lack of Causation

The train company could argue that another factor caused the plaintiff’s injuries, not its actions or negligence. 

Compliance with Regulations

Demonstrating compliance with safety regulations and standards can be a defense against negligence claims by the train company. 

Sovereign Immunity

If the train company operates under government authority, it might invoke sovereign immunity, thus barring certain types of lawsuits unless the government consents. 

Act of God

The train company might claim that an unavoidable natural event, like an earthquake or severe weather, caused the injury, which they could not have reasonably anticipated or prevented. 

Third-Party Fault

The company could argue that a third party, such as another vehicle driver or the manufacturer of train parts, was responsible for the plaintiff’s injuries. 

Employee’s Scope of Employment

If an employee’s actions caused the injury, the train company might argue that the employee acted outside their employment scope.

Passenger Misconduct

The train company could claim that the plaintiffs’ misconduct, such as ignoring safety warnings or engaging in risky behavior, led to their injuries. Here, the decedent’s nephew Alvin Dandan told police she was returning home from a shift as a telephone operator at the Parc 55 hotel. Alvin Dandan is a doctor in St. Louis and credits his aunt with helping him through medical school

Dandan’s tragic death underscores the persistent issues in California. While the homelessness crisis is a longstanding issue the state struggles to address— 28 percent of the nation’s homeless reside here—the crime problem should be more manageable. 

Belmont, Dandan’s alleged murderer, was a turnstile jumper. He did not have a ticket to ride BART and should not have been on the platform path in the first place. Law-abiding individuals typically don’t jump turnstiles; those with unlawful behavior usually do. 

In a broader sense, under California’s justice system and punishment, criminals are considered victims, and district attorneys are urged to show compassion rather than enforce the law. If you know someone who died as the result of illegal immigration assaults, homeless criminals, or another issue, you know California needs scrutiny.

Holding the California Leviathan Accountable

Police interviewed witnesses and reviewed the surveillance video last Tuesday. We hope to see that footage soon. Understanding the various defenses available to train companies that night is crucial as Dandan’s family navigates a wrongful death lawsuit.

Seeking legal action could bring about some measure of justice and help prevent similar tragedies. We hope the arrested individual pays for their crime if they are guilty. We encourage the family to investigate the head-on collision death and help give California an education in the process.

Citations:

Top 4 Explanations Why Trains Derail

The massive size of the train, the number of people trains carry, and the high speeds at which the trains are moving to make trains highly deadly in the event of derailments or railroad crossing accidents.

Top 4 Explanations Why Trains Derail

Train Accidents Hurt Everyone

Ultimate Guide to Understanding Train Derailments

Train accidents are dangerous for the passengers inside the train and pedestrians, other vehicles, and property outside the train. Although most train systems are autonomous, human intervention still needs human intervention, which can lead to human errors, exponentially increasing the risk of fatal train accidents. The negligence of a single train driver or operator can be highly costly in terms of human lives and property damage.

There are chances for events to go wrong, no matter how accurate the systems are. A train carrying toxic material can be dangerous for the environment and the nearby residents in case of a derailment. In 2008 in Louisiana, a train carrying hydrochloric acid derailed, spilling more than 10,000 gallons of harmful chemicals into the area and displacing thousands of people as they vacated their homes for safer grounds.

At Ehline Law Firm, we not only empower our attorneys by mentoring and guiding them on the best legal practices, but we also refer injured victims seeking the best legal representation for their injuries to a trusted, experienced, and reputable attorney.

Train Accident Statistics

Train accidents, including derailments, collisions, and other train accidents, kill one person every 100 minutes. Train accidents can kill about 1,000 people annually in the United States. It’s unbelievable, but more than half of the train accidents occur at unprotected rail crossings in the country, and 80% of all rail crossings lack adequate warning devices. We’ve heard of multiple cases of semi-trucks, big rigs, and even passenger cars getting smashed by trains due to inadequate warning signs or unprotected crossings.

It’s also surprising that a freight train carrying hazardous chemicals or materials derails in this country every two weeks. This displaces nearby residents and has serious implications for the environment, especially causing groundwater pollution, which can further harm individuals depending on the source of water to live.

Train Derailments in the United States

The Federal Railroad Administration (FRA) reported 9,240 train derailments in the county during the period from 2010 to 2016. In 2016, statistics showed 1,149 derailments, about 212 fewer than the previous year.

During the same period, California witnessed 444 train derailments, with 2016 statistics showing 59, 11 lower than the previous year.

Accidents can be catastrophic with the sheer size of the train and the speed at which it travels. In 2016, the FRA recorded 787 deaths from train accidents across the country, with 156 deaths alone in California.

The 1918 Devastating Train Wreck: The Worst Rail Accident in U.S. History

Dubbed the worst rail accident in U.S. history, the 1918 train wreck shook the nation as millions across the country heard about the aftermath of the passenger train accident on the radio and in the newspapers.

We’ve all heard about trains derailing and crashing into automobiles, but we’ve only witnessed head-on train collisions in movies. Unfortunately, on July 9, 1918, two trains collided head-on in N.C. & StL railway line while traveling at 60 mph. The collision occurred on a railroad section known as the “Dutchman’s Curve.”

On the morning of July 9, the No. 4 train departed Nashville for Memphis, while the No. 1 left Memphis for Nashville a half-hour behind schedule. Due to miscommunication between train operators and the towers, both the trains headed towards each other as they entered a single track on Dutchman’s Curve at the same time.

Around 7.30 am, the trains collided at a 60 mph head-on collision, causing the other cars to derail off the track. Since this was 1918, passenger cars were made from wood, and the accident’s impact destroyed them, instantly killing 101 people and seriously injuring 171.

The great train wreck of 1918 forced Americans to rethink train designs and safety devices. It was the last time train companies in America ever used wooden passenger cars.

Recent Train Derailment Accidents

The Deadly Montana Derailment

On September 26, 2021, passengers boarded the Amtrak train service from Chicago to Seattle when an unfortunate incident occurred at around 4 pm local time, causing injuries and loss of lives. A few of the passenger carriages derailed from the tracks near the small town of Joplin, Montana.

The derailment resulted in carriages tipping over on their sides, causing serious injuries to passengers inside the train. As media and authorities arrived to carry out rescue operations, they saw some carriages on their side with luggage thrown around. At the same time, those who did not suffer any injuries were trying their best to help those in trouble.

The train had a total of 144 passengers and 16 crew members. The Montana derailment killed three people and injured over a dozen passengers. Some passengers could save themselves from injuries by holding onto coffee tables and seats as the train derailed. But those sleeping on the train did not have enough time to secure themselves, resulting in injuries from the tip-over. The passengers explained that the accident felt like extreme turbulence on a plane.

The first responders started to help out the injured passengers, and the U.S. National Transportation Safety Board announced an investigation into the deadly Montana derailment.

The 2015 Philadelphia Disaster

On May 12, 2015, a train departing from Washington, D.C., to New York with 238 passengers and eight crew members derailed near Kensington in Philadelphia. The accident resulted in eight deaths and over 200 injuries, making it one of the deadliest train accidents in modern history.

Many passengers helped first responders by getting stuck, injured passengers out of the train for medical help. More than 200 injured passengers received treatment in five nearby hospitals, and the derailment disrupted train services for several days.

An investigation into the incident revealed that the train was touching speeds of 100 mph on a 50 mph corner. The National Transportation Safety Board identified the cause of the derailment as a distracted train driver. They stated that the driver was too distracted to pay attention to the radio transmissions, causing him to lose situational awareness.

The officials mentioned that the accident would’ve never happened if there had been positive train control, a system for monitoring train movement, and a computerized speed-limiting system that was implemented on other routes but, due to regulatory requirements, faced implementation delays on this particular route.

Unfortunately, the investigation also revealed that the track did not have an automatic train control (ATC), an older system used to control train speeds according to external inputs. If the ATC systems were already present on the northbound track, they would limit the train’s speed before the curve, helping prevent the accident from happening in the first place.

After the investigation, the law enforcement authorities arrested the 32-year-old train driver for negligence, and the court charged him with the following charges:

  • Eight counts of involuntary manslaughter
  • 238 counts of reckless endangerment
  • One count of causing a catastrophe.

Spilled Fuel onto Tracks

On March 16, 2022, around 7.30 pm, the local River Falls police received a call of a train derailment resulting in 300 gallons of spilled diesel fuel onto the tracks. When the police arrived at the accident scene, they saw a train that had come off its tracks.

When the police inquired about the incident, the train driver stated that the train collided with a log that had fallen onto the tracks at a low speed. The record resulted in the train’s derailment, causing punctures in the 1,800-gallon diesel fuel tank.

There were no injuries, but Castro called upon an expert environmental clean-up company to remove the oil spill and clear the tracks for other trains. At the same time, the Massachusetts Department of Environmental Protection would be conducting groundwater tests to determine whether the oil spill affected the groundwater supply.

The Top 4 Causes of Train Derailment

The incidents mentioned are some of the few derailment incidents with injuries or more significant environmental impact than the many other train derailments that occur across the country. Train derailments are more common than you would like to believe, resulting in serious injuries and even deaths.

Here are the top 4 explanations for why trains derail.

Track Related Issues

According to train accident statistics, broken or cracked rails and welds contribute to more than half of the train derailment accidents in the country.

A traditional track structure consists of two pieces of track supported on transverse sleepers. However, some advanced track structures support the ways on concrete slabs. Train tracks can become weak over time, especially at points where the rails join together with the help of a weld.

Poor artistry, freezing weather, or improper stressing of continuously welded rails can cause the welds to break open, increasing the risk of a dangerous derailment.

The disturbances in the rail running surface due to a piece falling or getting lodged in an incorrect location can cause a train to derail. There are also chances of gauge corner cracking leading to metallurgical changes under fatigue loading.

The derailment also occurs when there is excessive gauge widening. Guage widening is a slow process; if not properly monitored, it can result in derailment. An extensive gauge requires one final failure, such as high speeds, rail misalignment, and extreme traction effects, to cause a derailment.

The guidance system for practical railway vehicles relies on physics, using steering effects on moderate curves. When a train moves around a corner, the vertical wheel load puts enough pressure on it to keep it on the tracks. Suppose the wheel experiences lateral force more significantly than the vertical wheel load towards the outside of the curve. In that case, it will cause the wheel to climb onto the railhead, causing the train to experience a flange climbing derailment.

Equipment Failure

Equipment failure is also one of the country’s leading causes of train derailments. These can include defective wheels, locomotive bearings, car bearings, suspension, and other car defects and failures. An accident can still happen if the train’s employees follow all the necessary safety procedures.

In the early 1900s, defective wheels were the most common historical failure mode, but with modern technologies, there is a reduction in the incidence of such failures. Due to insufficient lubrication, a train’s plain bearings may collapse, resulting in a derailment. Although mechanical failure is less common than other causes of accidents, it happens occasionally.

Trains are large moving machines that require constant support from towers and control rooms. Any small mechanical failure, like a loose bolt or a rail signal failure, can lead to a train accident.

Human Errors

Human error and negligence are also significant causes of train derailments in the country. Although these don’t occur that often, the unfortunate reality is that these accidents are preventable.

Human errors can include the following:

  • Speeding when there is a clear indication to slow down.
  • Failing to comply with safety signs, signals, and regulations.
  • Failing to communicate with the train operator properly.
  • Failing to comply with switches and mainline rules.
  • Forcing drivers to work long hours non-stop causes fatigue.

Sometimes a railroad accident occurs because of the train company’s fault for not following safety regulations, while train accidents occur because of employee negligence. Failure to operate the crossing arm properly or turn on the signal light are examples of railway negligence.

One major factor contributing to these types of human negligence is the use of old technology. Better railway technologies are already in place on certain tracks, but since these technologies require a hefty investment, adopting these safety features is often put on hold.

For example, Congress required class 1 mainlines, which are railway lines used to transport hazardous materials and passenger cars, to implement Positive Train Control (PTC), systems designed to prevent train collisions, speed derailments, and other types of accidents by monitoring the train’s movements.

However, more than 66% of the commuter railroads failed to implement PTC due to limited budgets.

Fatigue is also a significant concern, leading to human errors. Whether the train driver has substantial experience or is relatively new, fatigue is shared across all levels of expertise. Train companies often pressure their employees to operate the trains even if they’re exhausted. This is sheer negligence, as rules mention the maximum number of hours a train driver can use a train in a day.

Not all train accidents are because of human error on behalf of the company or the driver. Train accidents can also occur because of human error on the part of pedestrians and vehicle drivers. Train accidents can happen because drivers or pedestrians cross the track at the wrong time. It can also occur when vehicle drivers act recklessly by beating the train across a railroad crossing.

Environmental Factors

When looking at the sheer size of the train, we often believe that trains are not affected by environmental factors such as rain, storms, and snow, unlike cars. However, that is not the case. The train tracks in the United States not only move through the dense forest but also around mountains, into valleys, and across deserts. Extreme changes in weather conditions can increase the risk of system failure.

For example, extremely high heat during the day and cooler weather at night can cause the expansion and contraction of train tracks, resulting in damaged or broken rails. Higher winds or snowfall can cause trees to fall onto rail tracks and snow avalanches to bury the ways. Any contact with obstacles on the train track can increase the chances of derailment.

A conductor is often aware of the train’s surroundings, looking to identify broken rails or any obstacles in the path and pulling on the emergency brakes to prevent an accident. However, sometimes, a conductor may fail to see a barrier in time to avoid a collision.

Other Causes of Train Accidents

We’ve discussed the top four causes of train accidents: track-related issues, equipment failure, human error, and environmental factors. However, other causes of train accidents happen in the United States.

It’s unfortunate, but many people take their own lives by standing on the tracks and waiting for the train to run them over or jumping in front of a moving train. According to federal statistics, in 2017, there 266 people were killed due to stepping in front of trains.

When a train conductor spots a person at the last moment, they might pull on the emergency brakes to prevent running them down. If train brakes suddenly, it is hard on passengers, as braking at high speeds can cause passenger injuries. Emergency braking on an empty freight vehicle can momentarily lift the car, causing train derailment.

Sometimes it is not a train’s mechanical failure that causes an accident but an engine failure in another car, causing it to stall on the tracks. It’s rare to see a car stuck at railroad crossings, but when drivers slow down when crossing, a poorly tuned engine can cause the vehicle to stall. In such situations, there may not be enough time to push the car away. A moving train will usually make the vehicle out of its path or split it in half, but if the car goes under the train, it can cause it to derail.

Train Accident Liability

Under the Department of Transportation Act of 1966, the FRA is responsible for monitoring and taking safety measures to prevent train accidents. Railroad companies and commuter rail lines have the legal obligation to ensure the safety of all their passengers.

These parties must also install a black box on a train that continuously records information. This is useful when investigating a train accident to understand what happened so that they can take the necessary steps to prevent it from happening again.

Although the railway is responsible for ensuring the safety of all passengers, it may not always carry out its responsibility. But as we’ve already discussed, railway companies or their employees may not always be the cause of an accident. You must speak to a train accident attorney to determine the party at fault and help you recover compensation for your loss.

What Should I Do After a Train Derailment?

You must contact a personal injury lawyer if you or your loved ones suffer severe injuries due to a train derailment. You face a challenging and uncertain future with serious injuries impacting your life, but an attorney can help you recover compensation. Although compensation will not undo the accident or injuries or bring back your loved ones, it can help you rebuild a more stable future.

Under the law, injured victims, due to the negligent actions of others, may be eligible for compensation. However, it can be challenging to determine who the at-fault party is. It could be an employee or railway company’s negligence, the negligence of a government entity for misaligned tracks, or a manufacturer’s negligence for providing defective train products. An attorney can allocate resources to investigate the train accident and help determine who the negligent party is so that they can pursue legal action against them to recover compensation for your loss.

10 Worst Train Accidents in US History (2023)

The history of United States rail travel has been riddled with progress as well as shocking tragedy. This is the latest information for 2023 about the common carriers we know as passenger and freight trains, as well as their associated train disasters. Trains are massive structures that can telescope and push through the cars ahead, destroying everything inside their path in a crash or rail car derailment. For example, in the 19th and 20th centuries, rail travel connected the country like never before. Accordingly, trains and train yards facilitated the movement of goods and people across long distances, setting the stage for the economic powerhouse America later became. But train wrecks also led to mass casualties among the populace.

Several factors contributed to accidents and fatalities during that period, with the unanticipated train derailment among the most common and deadliest train crashes. As a result, stories of deceased passengers, porters, and crew were quite common among America’s early newspapers. Hence, safety became a significant concern for legislators and other officials along every stretch of road traveled by these large vehicles heading to a market near you.

Hello, I am California train accident attorney Michael Ehline. Below, my staff and I will uncover the legal and historical research data to show people what we think are the ten worst train accidents in North American history. We will also compare deadly crashes worldwide, causes, and types of impacts for context, no matter where the bodies may lie. Later, we will offer a free consultation to demonstrate our desire to earn the public’s trust as a reliable personal injury law firm. During this confidential talk, survivors of serious injuries or wrongful death claims in California and Texas can tell their side and discuss their legal options risk-free and at no charge to them.

If you have an immediate question, our award-winning lawyers are available at (213) 596-9642 to proceed with a free case diagnosis. And busy families with small children can schedule a call with us 24/7 anywhere in America to air their concerns.

Historical Causes of Train Derailments and Wrecks

  • Lack of Standardization: In the early days, the many miles of railroads were terrible to navigate. For example, railroad workers had no uniform standard for track gauges (the distance between the rails and wheels). In the end, different companies used different gauges, leading to compatibility issues and potential derailments at junctions where tracks of different widths met at the accident site where passengers could be trapped in the aftermath.
  • Mechanical Failures: Early locomotives and rolling stock were less reliable than their modern counterparts, and mechanical failures were relatively common. Bad brakes are a thing, making brake failures, axle issues, and boiler explosions all frequent causes of train accidents. Infrastructure, in particular, replacing older wood and iron bridges with newer construction, is one way to protect local residents and train passengers.
  • Human Error: Train operations heavily relied on human control and communication, which could lead to errors in signaling, miscommunication between train engineers and crew members, and mistakes by operators along roads and waterways. Modernly, engineers playing with their phones or chatting on Twitter are among the distracted piloting threats we face.
  • Limited Technology: The absence of advanced signaling systems, automated controls, and safety mechanisms made it more challenging to prevent accidents and for rescuers to respond quickly to potential hazards for treatment and evacuation.
  • Rapid Expansion: During periods of rapid expansion, safety considerations were sometimes compromised to meet the demand for new tracks and connections. This resulted in poorly constructed or maintained lines, many of which are still spilling loads today. All railways must ensure safety, no matter how slammed they are with urgent delivery deadlines and expanding markets.
  • Lack of Regulation: In the early days, there were minimal regulations and oversight regarding rail safety. This lack of leadership allowed some companies to prioritize profit over passenger, fireman, and worker safety. Wildlife has also been placed at risk, including pets and wild game. And it also involves chemical spills that invade forests, fish, and game. Imagine an unreported toxic spill into a small river near where you fish, etc. Pull a fish from there and eating one can lead to serious injury, mutations, or death.

The railroad industry’s utilitarian role is transporting people, products, and goods nationwide. Hence, our commercial rail system relies significantly on rail transport, particularly for the coal industry, our main electrical grid energy source.

In fact, data from the Association of American Railroads from 2021 shows Kentucky coal accounted for approximately 47% of the 22.6 million tons of products moved throughout that state’s rail system. Additionally, our coal industry relies heavily on rail transportation. Trains ensure we have energy in our homes, factories, and businesses.

The efficient rail transportation of coal energy and other commodities also benefits various industries and consumers throughout California and the world, for that matter. This interconnectivity helps reduce road congestion and carbon emissions, making rail delivery an environmentally friendly option (according to experts). These experienced engineers and others say rail is a great way to move large quantities of goods in tandem with a railroad bridge instead of waiting in traffic.

Hence, maintaining and improving rail infrastructure and safety remains highly essential to keeping people fed, clothed, and healthy. Because of this, adequate investment in railroads has remained a major necessity from our early United States history to this very day.

Over time, technological advancements and safety regulations significantly improved rail travel safety, including:

  • Implementing standardized track gauges
  • Developing airbrakes
  • Automatic signaling systems
  • Improved communication systems
  • Better training for railway personnel.

Many experts think this contributed to reducing the number of accidents and fatalities.

Noteworthy Train Accident Statistics

According to the reported data, there were a total of 837 train accidents in 2021. Among these accidents, 574 were classified as derailments. Derailments can be especially concerning to families. As you already know, train accidents can lead to serious injuries, fatalities, and property damage without waarning. The modern rail travel industry in the United States benefits from decades of experience and continuous public and private efforts to enhance safety measures.

However, even with modern travel improvements, tragic accidents remain a real threat and can happen by surprise. Hence, ongoing vigilance and government investment in rail infrastructure and safety protocols remain vital. Only by taking action can America ensure the safe and efficient transportation of people and goods across the country will remain intact.

No matter what, railway operators and relevant authorities know their efforts to enhance safety protocols are important. Because of this, regulations are a floor and not a ceiling, and train companies must conduct reasonable and regular inspections and maintenance. To avoid lawsuits, many train companies invest in technology and training to prevent accidents. They hope to mitigate the impact of accidents when they occur and save lives, which is good for the shareholders.

Deadliest Accident in Train Traveling World?

2004 Sri Lanka tsunami train wreck

Date: December 26, 2004

Dead and Injured: 1,700 + Dead, Injured Unknown

The 2004 Sri Lanka tsunami train wreck is one of world history’s deadliest rail disasters. It occurred on December 26, 2004, when a powerful tsunami triggered by the massive 9.1 magnitude Indian Ocean earthquake struck the coastal areas. The shockwave created a Tsunami which reached several countries, including Sri Lanka.

The Tsunami waves inundated the coastal railway tracks in Sri Lanka, and the crowded passenger train named “Samudradevi” or “Queen of the Sea” was among the many victims of the disaster. Devastating waves hit the train as it traveled from Colombo to Galle.

Experts opined that the death toll from this Sri Lanka tsunami train wreck was around 1,700 passengers, branding it among the worst single-rail disasters in world history. The genesis was the notorious 2004 Indian Ocean tsunami. In that one event, there were over 230,000 reported deaths across several countries, including extensive damage to the local and inland coastal communities.

1952 Harrow and Wealdstone Rail Crash (Harrow, England)

Date: October 8, 1952

Dead and Injured: 112 + Dead, 340 Injured

Description: A three-train collision caused by a signal failure caused 112 fatalities and 340 injuries, with several trains catching fire.

Worst Train Derailment in World History

1999 Gaisal Train Disaster (Gaisal, India)

Date: August 2, 1999

Dead and Injured: 290 Dead, 300 Injured

Description: It appears the worst train derailment in history with casualties occurred in Gaisal, Assam, India, on August 2, 1999. Also known as the Gaisal train disaster, the facts show it arose from the derailment of two passenger trains. The trains were called the Awadh-Assam Express and the Brahmaputra Mail, and they had been operating in the Gaisal region of Assam, traveling on the same track in opposite directions when they collided.

The impact of these behemoths resulted in a massive derailment that killed at least 290 people. More than 300 other individuals were injured. The many casualties in this horrific event have earned it its sad place among the deadliest train accidents in world history.

10 Worst Train Crashes in American History

Here is a list of some of the worst train accidents in U.S. history, along with brief descriptions:

What Was the Deadliest Train in the United States:

1. 1918 Malbone Street Wreck of Brooklyn, NY (102 dead)

All train crashes are tragic. However, the “Great Train Wreck of 1918” is commonly considered by experts to be the worst train accident in North American history.

Date: November 1, 1918

Dead and Injured: 102 + Dead, Injured

Description: A Brighton Beach-bound train was speeding through a tunnel beneath Brooklyn’s Malbone Street, now known as Empire Boulevard. During the incident, two subway trains operated by the Brooklyn Rapid Transit Company (BRT, now part of the New York City Subway system) traveled to Brighton Beach. As the trains approached the Malbone Street station, they were supposed to slow down to six mph as they navigated a sharp curve. This subway disaster, the Brighton Beach Line Accident, occurred on November 1, 1918, in Brooklyn, New York City.

However, the lead train operator, Edward Luciano, was reportedly inexperienced and unfamiliar with the route. Instead of slowing down, he entered the curve at high speed, estimated at around 30 to 40 mph. The train derailed and violently crashed, resulting in an estimated 93 fatalities and injuring hundreds more people. This is easily one of the deadliest subway accidents in American history by far. This one incident drew significant public attention and led to prolonged BRT safety investigations that scrutinized its operators’ practices and qualifications.

2. 1918 Dutchman’s Curve Train Wreck of Nashville, Tennessee (101 Dead)

Date: July 9, 1918

Dead and Injured: 101 + Dead, 170 Injured

Description: The tragedy unfolded in Nashville, Tennessee, when a local train (No. 4) and an express train (No. 1) collided on a single-track line at the notorious Dutchman’s Curve, a sharp turn in the railway tracks.

The terrible collision occurred on July 9, 1918, leaving over 100 people dead. Even people, 170 suffered injuries, making it a profoundly catastrophic event. (But death reports remain inconclusive to this day.) [The Interstate Commerce Commission claims 101 fatalities; other sources are as high as 121.]

The cause of the accident was determined to be a result of human error and miscommunication among the busy railway employees. In the aftermath of a tragic accident, the focus was on the engineer, David Kennedy, in the Number 4 train. No. 4 had not been given clearance to enter the curve. The express train, No. 1, was not alerted to the approaching local train.

This failure to communicate and coordinate appropriately led to the two trains colliding at full speed, causing them to derail. This resulted in the destruction of both trains and the tremendous loss of life and injuries.

Jim Crow Cars?

In the early days of American history, these wooden trains served as a means of transportation for numerous African-American laborers embarking on their journey from Arkansas and Tennessee. Their destination was the bustling gunpowder plant in Old Hickory, located just outside the vibrant city of Nashville. The tragedy also prompted the federal government to investigate the incident thoroughly and the wider issue of train segregation.

The investigation revealed that the dangerous location of the Jim Crow cars played a significant role. If not, but for the rail car location, there would not have been a disproportionate number of casualties among African American train car passengers.

Dutchman’s Curve Train Wreck Spurs New Legislation

Ultimately, the Republicans in Congress pushed through landmark legislation to address the segregation practices on trains and other public transportation systems with the goal of ensuring all passengers, regardless of their race, received equal access to safe and fair transportation. In memory of deceased passengers, survivors, and others, a monument was erected at the collision site to memorialize African Americans, civil rights, and equality.

Other Deadliest Train Accidents USA

3. 1876 Ashtabula River Railroad Disaster in Lake Shore, MI (98 Dead)

Date: December 29, 1876

Dead and Injured: 98 + Dead, Many Injured

Description: On December 29, 1876, a Lake Shore and Michigan Southern Railway train embarked with 11 railcars, 2 locomotives, and 159 passengers on board to make a delivery. While crossing a railroad bridge over a deep gorge of the Ashtabula River in Ashtabula, Ohio, an 11-year-old bridge collapsed under the weight of the train cars. The train plunged down to frigid waters. In the chaotic aftermath, oil lamps and coal heating stoves lit a fire that engulfed the wooden railcars. Among the 159 passengers and crew onboard, a staggering 98 passed away.

After lengthy investigations, investigators blamed the bridge collapse on a flawed design, and the two bridge designers reportedly committed suicide shortly after the catastrophe.

4. 1904 Eden Train Wreck, Eden, CO (97 Dead)

Dead and Injured: 97 Dead, 100 Injured

Date: On August 7, 1904

Description: The No. 11 Missouri Pacific Flyer embarked from Denver, Colorado, bound for St. Louis, Missouri. As the train ventured across a wooden trestle bridge, nature unleashed an avalanche caused by a powerful flash flood. In an instant, the raging floodwaters engulfed the train, sweeping it off the tracks and into the nearby river. The engineer took precautions over the impending severe weather and slowed the train before attempting the perilous crossing. But the force of nature proved too overwhelming, and the formidable floodwaters proved insurmountable, pushing the train along with its passengers into the river’s tumultuous currents.

5. 1910 Wellington Avalanche Disaster (96 Dead)

Dead and Injured: 97 Dead, 100 Injured

Date: March 1, 1910

Description: On the morning of March 1, 1910, an avalanche forcefully descended down Windy Mountain near Stevens Pass in the Cascade Mountains. The engulfing avalanche swept away the 97 train passengers in an instant. The Windy Mountain avalanche left an indelible mark on the history of Washington and the nation, serving as a somber reminder of the vulnerability of trains in the face of nature’s might.

6. 1943 El Toro Train Incident in El Toro, California (72 Dead)

Date: January 13, 1943

Dead and Injured: 72 + Dead, 100 Injured

Description: A military troop train derailed, killing at least 72 military troops and injuring over 100 more.

7. 1917 South Carrollton Train Collision of South Carrollton, Kentucky (50 Dead)

Date: December 20, 1917

Dead and Injured: 50 + Dead, 150 Injured

Description: One of the worst train accidents in Kentucky’s history was the South Carrollton Train Wreck. This tragic event occurred on December 20, 1917, in South Carrollton, Kentucky. The South Carrollton Train Wreck involved a deadly collision between two passenger trains operated by the Illinois Central Railroad. A southbound passenger train, the No. 9 Flyer, collided head-on with a northbound passenger train, the No. 4 Accommodation. The collision resulted from a communication error, as the trains were not given proper instructions or signals to avoid the collision.

The collision’s impact was devastating, resulting in a significant loss of life. Official reports indicated that the accident caused at least 50 fatalities, and around 150 passengers were injured. The wreckage was extensive, and the incident remains one of the deadliest train accidents in Kentucky’s history.

The South Carrollton Incident profoundly impacted the local community and raised concerns about the safety and communication protocols in the railroad industry.

8. 1946 Naperville Train Derailment of Naperville, Illinois (47 Dead)

Date: April 25, 1946

Dead and Injured: 47 + Dead, 100 Injured

Description: A crowded commuter train derailed, killing 47 people and injuring over 100 others.

9. 1940 Whiskey Run Derailment of Salem, Illinois (34 Dead)

Date: September 1, 1940

Dead and Injured: 34 + Dead, dozens Injured

Description: A train transporting circus performers derailed, resulting in 34 fatalities and dozens of injuries, including the motorman.

10. Kipton Train Disaster of Ohio (28 Dead)

Date: April 19, 1891

Dead and Injured: 28 + Dead, 92 Injured

Description: An engineer’s error led to a collision between two passenger trains, causing 28 deaths and injuring 92 people.

Other Significant Passenger Train Collisions

2002 Chatsworth Union Pacific Freight Train Collision in CA (25 Dead)

Date: September 12, 2008

Dead and Injured: 25+ Dead, dozens Injured

Description: On September 12, 2008, a tragic head-on collision occurred in the Chatsworth neighborhood of Los Angeles, California, involving a steel-constructed Union Pacific freight train and a Metrolink commuter train. The fatal accident resulted in the loss of 25 lives, including the Metrolink train’s engineer, 46-year-old Robert M. Sanchez, who had been chatting with an underage male, a minor child, on his cell phone.

After the National Transportation Safety Board (NTSB) conducted their thorough investigation, they determined the collision was caused by the distracted Metrolink train’s engineer, Robert M. Sanchez’s negligence. According to NTSB investigators, Sanchez had run a red signal, which they assert is the cause of the catastrophic head-on collision.

Fortunately, the silver lining was that the horrific crash prompted train companies to renew their focus on safety protocols, proper training, and implementation of technological advancements. Experts believe this accident ultimately strengthened the public goal to prevent future human errors like this one. As a result, there is far more focus on positive train control (PTC) systems, which is explained below. PTCs are designed to stop a train before certain accidents automatically. PTCs aim to provide a safety layer within our busy US rail transportation network.

1899 Crescent City Train Crash in Crescent City, Florida (18 Dead)

Date: February 22, 1899

Dead and Injured: 18 + Dead, multi Injured

Description: This tragedy involved a collision between a passenger and a freight train that caused 18 deaths and multiple injuries to other people, including passengers.

1978 Sunol Incident of Sunol, California (4 Dead)

Date: April 13, 1978

Dead and Injured: 4 + Dead, Multiple Injured

Description: A head-on collision between two commuter trains in a tunnel caused 4 fatalities and numerous injuries.

1896 Crush Collision in Waco, Texas (3 Dead)

Date: September 15, 1896

Dead and Injured: 3 + Dead, ? Injured

Description: An intentional head-on collision of two locomotives as a publicity stunt resulted in 3 fatalities and numerous injuries when debris flew into the crowd of spectators.

2016 Union Pacific $557 Million Train Collision, Texas (1 Dead)

Date: March 15, 2016

Dead and Injured: 1 + Dead, ? Injured

Description: After a woman was struck by a train and suffered severe injuries, she won $500 million in punitive and $57 million in compensatory damages from a Texas state jury. They found that Union Pacific owes $557 million in damages for brain damage and amputations following a collision with one of its trains. A jury found that Union Pacific was 80% responsible, holding plaintiff Mary Johnson 20% responsible for her role.

May 12, 1917, New York Central Railroad’s Empire State Express Derailment (1 Dead)

Date: December 7, 1941

Dead and Injured: 1 Dead, 20 + Injured

Description: On May 12, 1917, the Empire State Express, a fast and prestigious passenger train operated by the New York Central Railroad, collided with a derailed freight train. The accident occurred near Batavia, New York, when the derailed freight train blocked the path of the Empire State Express, leading to the tragic collision and killing the train’s engineer, J. R. Botts. The crash also caused injuries to 20 other people onboard the vehicles.

What State Has the Most Train Deaths?

The very large state of Texas, with its extensive rail network, has historically reported the highest number of train-related deaths in the United States. Unfortunately, it has not stopped; Texas has seen a significant number of fatalities resulting from many train accidents over the years.

There are many factors, including the rail traffic volume, railroad crossings, population density, and the level of public awareness that come into play here. Additionally, adherence to railroad safety guidelines around railway tracks can and often does influence the number of train-related deaths in a state.

It’s important to note that statistics can change over time, and there might have been updates or changes in train-related death trends in various states since my last update. Consulting the official reports from organizations like the Federal Railroad Administration (FRA) or the National Transportation Safety Board (NTSB) can help you find the most current and accurate data on train-related deaths by state.

Noteworthy Amtrak Cases

  • Silver Spring, Maryland: (1904) On February 16, 1996, a tragic train collision occurred in Silver Spring, Maryland, involving Maryland Rail Commuter (MARC) train 286 and Amtrak passenger train number 29. The MARC train, operated by the Maryland Transit Administration, failed to stop at a red signal at Georgetown Junction. The facts show that Amtrak Train #29 collided with another train traveling on a different track. Investigators say the impact killed 11 people and injured 26 more, including the passengers.

What was the Worst Train Derailment in Amtrak history?

  • The Big Bayou Canot rail accident (47 Dead, 103 Injured), which occurred on September 22, 1993, near Mobile, Alabama, remains the deadliest Amtrak mishap in terms of deaths in the United States. During the incident, the Amtrak train known as the Sunset Limited derailed and plunged off a bridge into the Big Bayou Canot after being struck by a barge that had been pushed off course by a towboat. As a result, the train’s locomotive and several of its cars were submerged in the water and caught fire. Amtrak has now installed safety systems like the Automatic Train Control (ATC) system, which helps limit a train’s speed and improve overall rail safety, but many say it is far too little and far too late.

Train wrecks caused by natural disasters and those involving hazardous chemicals, particularly, can result in significant loss of life and environmental damage.

Here are some notable examples:

Worst Locomotive Incidents Caused by Natural Disasters in United States History

  1. Wellington Avalanche (1910): This disaster occurred in Washington state when an avalanche struck two trains in the Cascade Mountains. The avalanche buried the trains in a deep canyon, resulting in the death of 96 people.
  2. Pueblo Flash Flood (1904): In Colorado, a flash flood caused a tragic incident that killed 97 people.

Incidents Involving Hazardous Chemicals or Explosives:

  1. Graniteville Chlorine Leak (2005): In the remote location of Graniteville, South Carolina, a train derailment involving 18 train cars released over 100,000 pounds of chlorine gas. The incident resulted in the death of nine people who died of chlorine exposure and over a thousand others exposed to the toxic chemicals, with lung injuries.
  2. Paulsboro Vinyl Chloride Spill (2012): In the small town of Paulsboro, New Jersey, a train derailed, leading to more than 20,000 gallons of vinyl chloride. Many people were treated for exposure to this hazardous chemical after the firefighters arrived.
  3. East Palestine, Ohio (2023): Based on the details you provided, the derailment involved a significant number of train cars carrying hazardous materials, including vinyl chloride, a highly flammable and toxic chemical leading 50 freight cars on its way to Conway, Pennsylvania, according to The Cincinnati Enquirer. The NTSB (National Transportation Safety Board) reported that 11 tank cars carrying hazardous materials ignited into fires. Five of these derailed train cars carried a substantial amount of vinyl chloride, posing a severe risk to public safety and the environment. Crews released the toxic chemicals into a trench and began a controlled burn to lessen the risk of a more dangerous explosion.

East Palestine isn’t the first time that Norfolk Southern has faced a crisis either. Incidents involving hazardous chemicals can have far-reaching consequences, affecting those immediately involved and the surrounding communities and the environment. Proper handling, transportation, and safety measures are crucial in preventing such disasters in our transportation system.

Europe – Ciurea Rail Disaster occurred on January 10, 1917, during World War I (700 Dead)

The Ciurea Rail Disaster occurred on January 10, 1917, during World War I, in Eastern Europe, specifically Romania. As you described, the tragedy happened when a train was overloaded with civilians and soldiers trying to escape the advancing German forces. The train between Iasi and Barlad was heavily overcrowded, with an estimated 1,000 passengers crammed into 26 train cars far beyond their intended capacity.

As the overloaded train approached the Ciurea station, the tracks beneath it gave way, causing the train to plunge into a nearby ravine. The impact and the subsequent accident resulted in one of the deadliest rail disasters in history. Over 700 people lost their lives, making it a devastating event that profoundly impacted Romania during an already tumultuous period of war.

The Ciurea Rail Disaster remains one of the deadliest train accidents in the world, and it serves as a tragic reminder of the dangers of overloading trains and the importance of ensuring safety measures in transportation during times of crisis.

check recent news or authoritative sources related to rail safety in the United States for the most current and accurate information on train accidents for the most current and accurate information on train accidents.

Noteworthy Americana Train Accident

1901 Buffalo Bill Show Train Crash (100 + Dead Animals)

Date: October 29, 1901

Dead and Injured: 100 + Dead Animals, No Reported Humans Injured

Description: The Buffalo Bill Show Train Wreck is indeed a notable incident in the history of train accidents involving show business. The accident occurred on October 29, 1901, in Nashville, Tennessee.

Buffalo Bill Cody’s Wild West Show was a famous traveling show that featured various performers, including cowboys, Native Americans, and animals. The show was traveling by train from Atlanta, Georgia, to its following performance location when the tragic collision occurred.

The accident happened when the show’s train collided with a local passenger train near the Union Station in Nashville. The passenger train’s engineer believed that Buffalo Bill’s train had already passed, leading to the collision. As a result of the crash, over 100 show animals were killed, including Buffalo Bill Cody’s favorite horse, “Old Pap.” Fortunately, no human fatalities were reported, but the loss of valuable animals and the damage to the show’s equipment were significant.

The Buffalo Bill Show Disaster remains a historical show business collision demonstrating how proper communication and safety measures can save human and non-human lives.

Poor Health-Related Locomotive Accident

1996 Secaucus, New Jersey Diabetic Train Accident (3 Dead)

Date: February 9, 1996

Dead and Injured: 3 + Dead, Injured (?)

Description: Two New Jersey Transit commuter trains collided practically head-on, killing both engineers and one passenger. Investigators found that the engineer of train 1254 was unable to perceive a red signal aspect due to a difficult diabetic eye disease. Diabetic eye disease can affect vision and lead to visual impairments, which could compromise the engineer’s ability to recognize the signal and respond accordingly. This highlights why train companies must evaluate and test engineers properly to learn about medical issues and ensure train safety.

Conclusion, The Deadliest Train Crashes May Still Be on The Horizon

No matter how loud the train horn is, more death is sure to come on the tracks. We just covered the worst train accidents in United States history, with an emphasis on the USA. Trains have been hauling goods, cattle, and services for over 200 years. As noted above, for the USA, it appears the top of the list for the deadliest train crashes was the Malbone Street wreck. The evolution of train safety is directly connected to pressure caused by the public after deadly train accidents. From Philadelphia to California, most accidents involve a poorly trained or managed conductor, defective trains and parts, or poor locomotive and track repair or maintenance. With all of that, the total number of mishaps keeps rising, with the deadliest train crashes still on the horizon.

News sources like Newsweek Magazine and others will surely be ready to report history’s next worst train derailment. Trains will be on our radar too, and we are ready to offer all train accident victims a free consultation to help them better understand their rights to maximum compensation under the law. If you need help, contact us at (213) 596-9642 for a confidential, risk-free case review at no financial expense to you or your loved ones.

We have been fighting for train accident victims for over a decade. Our venerable, caring team has helped thousands of victims find their lives again! We are here to help you get your health back while we fight to get you back on your feet financially by making the at-blame party pay till the next Great Train Wreck post-2023!

Citations:

  • Federal Railroad Administration

Do Police Have a Duty to Protect Subway Passengers?

No. Not unless they assume a duty of care. The question of whether police have a duty to protect the public, including subway passengers, is a complex legal and societal issue. According to the Supreme Court ruling in Warren v. District of Columbia (discussed here), the police do not have a constitutional duty to protect individuals from harm. This ruling establishes that the primary responsibility of law enforcement agencies is to enforce the law and maintain public order, as well as protect municipal property, rather than providing specific protection to individuals in every circumstance.

Police Officers Are Instruments of the Government

The reasoning behind this ruling is rooted in the concept of limited resources and the practical challenges of providing constant protection to all members of the public. Police departments must prioritize their efforts and allocate resources to address a wide range of public safety concerns. As a result, individual citizens often bear the responsibility of taking necessary actions to protect themselves in dangerous situations.

New York City Police Department Had No Duty To Protect Subway Car Passengers

The case described in the recent New York news, where a Marine Corps veteran allegedly killed Jordan Neely in a rear naked choke, highlights the reality that individuals may need to rely on their own abilities to defend themselves in certain circumstances. In this specific incident, the Marine, Daniel Penny, claimed to have acted in self-defense and protected other passengers after Neely threatened them aggressively. The video evidence captured the intensity of the situation and the actions taken by Penny to restrain Neely.

While it is essential for individuals to take measures to protect themselves and others when faced with imminent harm, it is important to note that every situation is unique, and the appropriate response depends on the specific circumstances. In this case, Penny’s attorney argued that his actions were a result of a perceived threat to his safety and that of others, highlighting the need for individuals to make split-second decisions when facing potential harm. Even if there were police officers; they could have simply looked the other way.

Example of Subway System Police Officer Ignoring Subway Crime

Joe Lozito, was a Philadelphia resident stabbed while riding a subway train after he was approached by madman killer, Maksim Gelman. The New York City subway train altercation occurred on February 12, 2011, with Gelman using his knife to stab Lozito in the face. With the police just standing there, Lozito was forced to fend off and subdue the knife wielding Gelman. The courts ruled that the police officers had no duty to protect subway ridership, including Joseph Lozito. No Supreme Court case has decided otherwise, either.

It is worth considering the broader implications of this reality, including the importance of personal safety awareness and self-defense training if you want to ride the subway system. If you are riding a subway train, you should probably make local community efforts to ensure public safety and consider learning Judo or grappling. These incidents underline the significance of understanding self-defense laws and being prepared to respond to potential threats in various settings, including public transportation on subway trains.

Nevertheless, it is crucial to acknowledge that the expectation for individuals to protect themselves does not absolve law enforcement agencies and society as a whole from the responsibility of creating safe environments. Police forces and NYPD officers, in particular, have no affirmative duty to protect individuals because no legal obligation exists at common law. LEO will not always address subway crime, and the local politicians do not seem too concerned about the underlying issues contributing to crime and violence. The balance between individual responsibility and societal support in promoting public safety remains an ongoing discussion and a subject of policy debates.

Conclusion

Just because the train operator has a special relationship and special duty of care to its passengers, it appears policing is not one of these duties when the state or local municipality is involved. Cops have “no constitutional duty” to protect people. Can you think of reasons why officers should be a special duty to protect subway passengers? What about the fact you can’t use a gun to defend yourself from wild killer the state sets loose? We want to hear your comments.