Traveling on railroads may present certain dangers to the public. Likewise, work involving railroads and trains are often innately dangerous professions. Data suggests that there are nearly 3,000 train accidents each year. In the unfortunate circumstances that railroad passengers or employees are injured in a railroad accident, they may be eligible for financial compensation for their injuries through a railroad accident lawsuit. Individuals who were injured in a train accident should speak with a railroad accident lawyer as soon as possible. Railroad accident lawyers can help injured individuals to determine whether or not they have a viable claim for a lawsuit, which can lead to financial compensation for victims.
Public Safety Issues
Railroads present important public safety issues. If unaddressed or neglected, these issues can lead to injury or death in the event of a railroad accident. In some cases, railroad accidents may be caused due to negligence on behalf of railroad companies, managers, and employees. Systematic negligence may occur if a company has systems or processes in place which blatantly disregard a certain aspect of public safety.
Types of Railroad Accidents
Railroad accidents may involve trains, vehicles, and pedestrians. Collisions are particularly common at railroad crossings, where train traffic and track shifting must be executed with great care to avoid accidents. Trains may collide with other trains or derail from their paths. Trains may also collide with vehicles or pedestrians. Pedestrians may slip and fall on railroad platforms, which may often be preventable with simple safety maintenance on behalf of the train station or staff members. All of these scenarios can result in catastrophic injury and even death for those who are involved.
Railroad accidents may be caused by a number of factors, including, but not limited to:
- Mechanical failure of the train or related machinery
- Negligence or maliciousness of a train operator or other employee
- Faulty train crossings or dated tracks
- Unsafe design or engineering of a train or railroad
- Manufacturing errors or glitches in trains or related machinery
- Obstructions or malfunctions in the railway
Hiring Railroad Accident Lawyers
Accident victims are urged to hire an experiences and knowledgeable railroad accident attorney as soon as possible. Railroads are labeled as common carriers. As such, they are strictly regulated by state and federal laws and requirements. Due to the high stake of safety involved with common carriers, railroad owners may be held legally liable for even the slightest negligence which led to an accident and subsequent injury. These strict regulations make train accidents a particularly specialized and complex area of law.
FELA Railroad Accident Lawyers
Employees who work on and for railroads are covered under a special regulation called the Federal Employers Liability Act (FELA). FELA works on a federal level to protect and compensate railroaders who are injure on the job. Railroad workers who experience injury from an accident should be sure to consult a specialized FELA railroad accident lawyer. These lawyers can help to navigate the complex issues that face railroad workers.
Statute of Limitations
Statutes of limitations make it important for accident victims to hire a railroad accident lawyer as soon as possible. A statute of limitations is a time limit that dictates how long an accident victim has to file a lawsuit before the issue becomes null. When the statute of limitations passes, accident victims lose their right to file a railroad accident lawsuit.
Government Railroads
The statute of limitations may be particularly short when the accident involved a government-owned railroad or train. These shortened statutes of limitations are essentially in place to protect the government entity from legal claims. Therefore, it is especially important for all accident victims to speak with an experienced and knowledgeable railroad accident lawyer as soon as possible to determine the state’s statute of limitations and whether or not they are special for the case at hand. Railroad accident lawyers can work quickly to determine the responsible entity and move forward with eligible lawsuits that may need to be filed against government entities that hold liability for the victim’s injuries.
Sources:
Crum, Michael R., Frank J. Dooley, and Paula C. Morrow. “Employee attitudes about railroad injury compensation.” Transportation Journal 35.1 (1995): 15+. Academic OneFile. Web. 1 Apr. 2014.
“Lack of safe railroad equipment.” Trial June 2013: 8+. Academic OneFile. Web. 1 Apr. 2014.
“Railroad Safety Appliance Standards.” Federal Register 28 Apr. 2011. Academic OneFile. Web. 1 Apr. 2014.