East Palestine Train Derailment

A Norfolk Southern train derailed on February 3, 2023, in East Palestine, Ohio. Of the 150 train cars, 38 derailed, including 11 that were carrying hazardous materials. Combustible chemicals, including vinyl chloride, leaked from 3 cars and caught fire. Toxic chemicals spilled into a nearby ditch that feeds into the Ohio River.

Controlled burns (later determined unnecessary) released toxic smoke and chemicals into the surrounding air, water and soil. Approximately 2,000 residents were evacuated and later permitted to return amid health concerns and ongoing cleanup efforts. Federal agencies launched investigations into the cause and response.

Preliminary reports suggest a wheel bearing failure triggered the derailment. Security footage showed sparks before the train reached East Palestine. Rail industry critics point to outdated safety regulations and insufficient braking systems.

The National Transportation Safety Board (NTSB) investigated the incident. In June 2024, the NTSB released an investigative report stating that a bearing on a hopper car overheated and caused an axle to separate. According to the report, the crew was not warned in time to stop the train and avoid the derailment.

The derailment released numerous toxic chemicals into the environment, such as:

• Benzene residue: Highly flammable liquid and vapor, a known human carcinogen
• Butyl acrylate: Can cause skin, eye, and respiratory irritation
• Ethylhexyl acrylate: Linked to respiratory and gastrointestinal effects
• Ethylene glycol monobutyl ether: A combustible liquid linked to neurological issues
• Isobutylene: A flammable gas connected to eye, nose and throat irritation
• Vinyl chloride: A known carcinogen, combustible chemical used in PVC production

The U.S. The Environmental Protection Agency (EPA) continues to monitor environmental contamination and air quality in and around the site of the derailment.

Community health and environmental concerns

Residents report lingering chemical odors and unexplained headaches, rashes and respiratory issues. Independent researchers and journalists have questioned government assessments. There is concern that environmental contamination may affect soil and groundwater beyond initial cleanup zones.

The long-term health effects of the derailment may take years to fully emerge.

Norfolk Southern has responded to the derailment in various ways, such as:

• Paying for cleanup, including disposing of contaminated soil and water
• Providing temporary relocation assistance for displaced residents
• Committing to long-term environmental remediation directed by the EPA
• Introducing a community assistance fund of more than $20.7 million to fund community projects

But regardless of these efforts, the company faces numerous federal lawsuits and investigations into safety failures.

Multiple class action lawsuits seek damages from Norfolk Southern for health monitoring, future healthcare expenses, lost property value, cleanup costs and more. Plaintiffs include local residents, property owners and businesses. Plaintiffs allege Norfolk Southern was negligent in maintaining safe operations. Ongoing litigation may shape future rail safety regulations and compensation models.

The EPA issued a legally binding order requiring Norfolk Southern to pay for all cleanup.

What compensation may be available?

Various types of compensation may be available for those filing lawsuits for damage, including:

• Medical expenses for chemical exposure symptoms
• Ongoing health monitoring and testing
• Property damage, repair or reimbursement
• Loss of income or business revenue due to evacuation
• Pain, suffering and emotional distress

Motley Rice attorneys have experience representing victims of train accident disasters. We represented people who were injured when two trains collided in January 2005 in Graniteville, S.C. The collision caused a massive chlorine spill that injured dozens and killed eight people. The settlement compensated victims for personal injury caused by the crash and chemical spill.

Motley Rice also has a robust toxic exposure practice with experience negotiating settlements reached with BP after the Deepwater Horizon oil spill. One of the settlements was the largest civil class action settlement in U.S. history. Our attorneys also represent workers who are exposed to dangerous, toxic chemicals on the job, victims of childhood lead poisoning, and other toxic exposures known to cause life-altering health problems.

Read more about our toxic exposure experience.