How to Preserve Evidence After a Train Accident
The most important rail evidence is controlled by the railroad, which acts within hours. This checklist helps you protect what you can — and get help fast for the rest.
Photograph the crossing and scene
Photograph the crossing, the signals and gates, sightlines, the train and vehicle positions, and any skid marks or debris before the scene is cleared.
Note the operator and equipment
Record the operator or transit agency, the train or line number, and the crossing's location or ID, which identify what needs to be preserved.
Collect witnesses
Get names and numbers for witnesses and anyone else involved, while they can be found.
Do not rely on the railroad’s account
The railroad controls the recorder and signal data and has its own interest. Do not assume its version is complete.
Get a lawyer to preserve the rest
A lawyer can quickly demand the railroad preserve the event recorder, signal data, and maintenance records before they are lost.
The deadlines and rules depend on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to train accidents.
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This is general information, not legal advice. Every situation is different, and the law differs by state.