Hazardous Train Derailments: Everything You Need to Know

Did you know that trains are the most commonly used transportation for hazardous materials? Not only has the freight train been deemed the safest way to move chemicals and other dangerous materials, but it is also the most efficient. However, the recent train derailment in East Palestine, Ohio, has brought to light the many ways that this industry is lacking in safety.

In this blog, our train accident lawyers take a closer look at the dangers of hazardous train derailments, including some of the most recent train derailment tragedies and the effects these incidents have on workers and the nearby communities.

The East Palestine Train Derailment of 2023

On the evening of February 3rd, 2023, just before 9 p.m. local time, a freight train operated by Norfolk Southern Railway derailed on the main track in East Palestine, Ohio. Of the 151 cars, 38 derailed, and a fire damaged 12 more.

The National Transportation Safety Board (NTSB) released their preliminary report on the accident on February 14th, looking into the cause of the derailment as well as the hazardous materials the train was carrying. They reported that a broken axle caused the train to crash, an accident that was only worsened by the lack of Electronically Controlled Pneumatic (ECP) brakes on the cars.

Approximately 2,000 of East Palestine’s 4,800 residents were evacuated following the crash, all of whom were invited to return to their homes a mere five days later once the EPA and Ohio Department of Natural Resources deemed the area safe.

What Chemicals Was the Norfolk Southern Railway Train Carrying?

When the Norfolk Southern Railway train derailed in East Palestine, 20 of its cars were carrying hazardous materials, 11 of which derailed in the accident.

The derailed freight train was carrying a number of hazardous materials, including:

• Vinyl chloride
• Ethylene glycol monobutyl ether
• Ethylhexyl acrylate
• Isobutylene
• Butyl acrylates

The fire that started after the East Palestine derailment also released phosgene, a gas deployed as a chemical weapon in the First World War. Exposure to phosgene causes side effects such as eye irritation, dry burning throat, and vomiting.

In order to prevent further explosions, officials decided to vent several of the cars carrying these materials, namely vinyl chloride. While this prevented the explosions as expected, it also released a toxic plume of smoke into the air. Vinyl chloride is a manmade chemical used to manufacture polyvinyl chloride (PVC) and other plastic products and is linked to several adverse health effects, including several cancers.

Vinyl chloride is a known carcinogen linked to an increased risk of cancers such as:

• Hepatocellular carcinoma (primary liver cancer)
• Hepatic angiosarcoma (a rare form of liver cancer)
• Brain cancer
• Lung cancer
• Lymphoma
• Leukemia

The burning of vinyl chloride releases hydrogen chloride, which is known to cause irritation to the skin, nose, eyes, and throat according to the Centers for Disease Control and Prevention (CDC).

What Were the Effects of the East Palestine Train Derailment?

Although no immediate injuries or fatalities were reported, the hazardous materials released in the derailment have had serious consequences for the environment and public health. The Ohio Department of Natural Resources linked the deaths of more than 43,000 aquatic animals to chemical contamination from the spill.

At the same time, residents of East Palestine and the neighboring communities have increasingly reported health issues, such as chemical bronchitis and other respiratory conditions. The primary concern remains the release of vinyl chloride—a highly toxic chemical. While the EPA has stated that air and water quality levels are currently within safe limits, local residents continue to worry about long-term exposure. As time passes, there is growing concern that the spread of these chemicals could pose escalating risks to soil, water, and air quality.

The Livingston Train Derailment of 1982

East Palestine’s train disaster is a stark reminder of another train derailment that occurred just 40 years before. In 1982, a freight train derailed in Livingston, Louisiana. Thirty tanker cars spilled about 200,000 gallons of hazardous chemicals and plagued the local area. Approximately 2,700 people were evacuated within 5 miles of the derailment.

Following the incident, air and soil cleanup efforts lasted for three decades. Regular water monitoring was funded by the class action settlement that followed the Livingston derailment. A clinic that was established to provide annual physicals and blood tests to residents still stands to this day.

The Rookwood Derailment of 2023

Just over two months after the East Palestine train derailment, on the morning of Saturday, April 15th, 2023, another freight train derailed just north of Rookwood, Maine. While the cars that crashed were not carrying hazardous materials, three locomotives and four of the six derailed cars started to burn and caused a forest fire. Three railway workers were transported to local hospitals for care after narrowly escaping one of the damaged locomotives.

Fortunately, the freight cars carrying flammable wire, ethanol, and pentamethylheptane escaped the fire, but in the days after the crash, diesel fuel was found to be leaking into nearby waterways, such as Brassua Lake. Residents of nearby towns were advised to stay away from the crash site but have not been issued any shelter-in-place or evacuation orders since the incident.

How Common Are Train Derailments?

Train derailments are nothing new, nor are they rare. In 2022, the Federal Railroad Administration (FRA) reported 1,044 train derailments last year, or approximately three derailments per day. The East Palestine derailment is just one of many that have occurred since the beginning of 2023. In fact, it wasn’t even the first derailment in Ohio that year.

On Thursday, January 19, 2023, a 1.2-mile stretch of train cars derailed between Adam Mills and Trinway, Ohio. Though no injuries were reported, and authorities said that the dozens of derailed cars did not lead to any leaks, the incident highlights just how frequently trains derail.

While train derailments are incredibly common, the East Palestine disaster stands out due to the hazardous materials on board. According to the Federal Railroad Administration, 110 train derailments occurred between 2015 and 2022 that resulted in the release of hazardous chemicals. That accounts for approximately 1% of all train derailments in that period. In fact, the head of the Association of American Railroads trade group claimed that 99.9% of all hazardous materials reach their destinations safely.

What Are the Safety Requirements for Trains Carrying Hazardous Materials?

With trains carrying more than two million carloads of hazardous materials each year, the safety of this type of transportation is of the utmost importance. Accidents like the derailment that occurred in East Palestine only further highlight the need for stringent regulations.

According to the Association of American Railroads, freight railroads are subject to rigorous oversight by agencies such as:

• Federal Railroad Administration (FRA)
• Pipeline and Hazardous Materials Safety Administration (PHMSA)
• Department of Homeland Security

In order to properly transport hazardous materials, real customers are required to properly disclose and label all shipments on a car-by-car basis and use the appropriate cars for each chemical. The labeling allows for easy identification and response in the event of an accident, and the proper storage helps to mitigate any damage.

Other key safety requirements include:

• Tank Car Standards: Tank cars used to transport hazardous materials must meet stringent design specifications. This includes enhanced thermal protection, pressure relief devices, and puncture-resistant shells, particularly for highly volatile substances like vinyl chloride.
• Routing Restrictions: Railroads are required to assess and select routes that minimize risks to populated areas and environmentally sensitive regions when transporting hazardous materials. These assessments must consider factors such as accident history, proximity to emergency response resources, and infrastructure conditions.
• Brake System Requirements: High-hazard flammable trains (HHFTs), which include trains carrying certain hazardous materials, must meet specific braking standards, such as electronically controlled pneumatic (ECP) brakes or enhanced braking protocols designed to reduce the risk of derailment.
• Notification and Emergency Response Planning: Railroads must provide advance notice to state and local emergency response agencies about hazardous material shipments. They are also required to develop comprehensive emergency response plans and coordinate with local responders to ensure preparedness in the event of a release.
• Inspections and Maintenance: Regular inspections and maintenance of railcars, tracks, and safety systems are mandatory. These inspections help identify potential failures before they can cause serious incidents.

Despite these regulations, the East Palestine derailment has raised serious questions about whether current safety standards are adequate and whether they are being properly enforced. The incident has prompted renewed calls for stronger oversight, improved tank car designs, and more rigorous route planning to prevent similar disasters in the future.

Which Agencies Are Involved in the Investigation of the Ohio Train Derailment?

The NTSB is largely responsible for investigating the cause of the derailment, as well as factoring in any necessary emergency response. The EPA, on the other hand, is investigating the environmental issues associated with the wreck, including air monitoring, water quality testing, and environmental remediation.

Aside from the NTSB and EPA, several parties are involved in the investigation and cleanup efforts in the wake of the derailment in East Palestine:

• U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration
• U.S. Department of Transportation’s Federal Railroad Administration
• Ohio State Highway Patrol
• The Village of East Palestine
• Norfolk Southern Railway
• Trinity Industries Leasing Company
• GATX Corporation
• Brotherhood of Railway Carmen
• International Association of Sheet Metal, Air, Rail and Transportation Workers
• Brotherhood of Locomotive Engineers and Trainmen

Accountability in the Wake of Train Derailments

Train derailments involving hazardous materials are not rare; they are common, catastrophic events with long-lasting consequences for communities, ecosystems, and public health. From the 1982 derailment in Livingston, Louisiana, where a toxic chemical spill forced thousands to evacuate, to the 2023 derailment in Rookwood, Maine, which ignited wildfires and left residents reeling, these incidents follow a troubling pattern of preventable failures. The East Palestine derailment is perhaps the most glaring example of what can go wrong when safety measures fall short or corporate responsibility is neglected.

In each of these cases, lives were upended. Families were displaced, local economies were disrupted, and entire communities were left grappling with fear and uncertainty. While the immediate aftermath often focuses on containment and cleanup, the longer-term question remains: Who is held accountable?

Railroad companies have a legal and moral obligation to operate safely, particularly when transporting dangerous substances through populated areas. That means investing in proper equipment, adhering to federal safety regulations, maintaining infrastructure, and being transparent about the risks. When they fail to meet these responsibilities, the consequences are not just regulatory—they’re personal. Residents who suffer injuries, illnesses, property loss, or emotional trauma as a result of a hazardous train derailment have the right to seek justice.

At its core, the issue is one of accountability. Train derailments may simply seem like railroad accidents, but they often stem from avoidable negligence. Holding rail companies liable through personal injury claims is not just about compensation. It’s about demanding safer practices and preventing future disasters. Communities like East Palestine deserve more than apologies. They deserve action, answers, and assurance that their health and safety come before profit.