Railroad Tracks Accidents

With over 233,000 miles of railroad tracks in America, railroad track accidents occur at a staggering and sobering rate. Injuries on the tracks stemming from a train crash, derailment or equipment malfunction can be life-threatening.

Railroad travel is relatively safe, but the possibility of being hurt in a train wreck still exists, and there are many reasons for this. For example, injuries and death can occur when one locomotive collides with another because the operator is too tired to perform their duties, or there are defects in the equipment. Some of the more common causes of railroad track accidents are caused by human error, mechanical failures, electrical failures, roadbed, track, and structural defects and inadequate maintenance. When an accident happens, the victims may need monetary compensation for multiple years.

Obtaining Monetary Compensation as a Railroad Worker

If you have been injured in a train accident as a railroad worker, you are entitled to take the responsible parties to court by hiring a railroad accident lawyer. Under the Federal Employers Liability Act, your railroad worker injury attorney will have the opportunity to demonstrate that other railroad employees or the owners of the railroad failed to perform an act that would ensure the safety of the crew. It may also be the case that someone did something that caused the accident to occur, and your railroad accident lawyer can work to prove this claim as well.

The first thing your lawyer will need to determine is exactly what caused the train wreck, and this requires extensive knowledge and experience in this area. Then, your attorney can establish who is responsible for the crash. This will allow your lawyer to assess a dollar amount for damages and take the matter to court.

What Your Monetary Compensation Will Entail

Under FELA, you will be able to receive much more in monetary compensation than if you accepted your payout through workers' compensation. This means that you can receive money for the following:

  • Medical bills
  • Pain and suffering
  • Loss of income
  • Emotional distress
  • Injured passengers

Federal and state laws that are directed at railroad workers also pertain to passengers on the train. If you were hurt as a passenger, you can file a claim against the operator of the train or the railway's owner as well. Sometimes, railroad track accidents are caused when there is defective equipment in use on the train. They also occur when those who service the equipment fail to do so in a responsible manner.

Who Can Be Held Liable?

If the above factors contributed to the train accident in which you were a passenger, you may be able to add several entities to your lawsuit, including the person who sold the equipment, the manufacturer of the defective part and those who installed or serviced the part in question.

The Statute of Limitations

Whether you are a railroad worker, a passenger or the family member of a deceased victim of a railroad track accident, you have a limited amount of time to determine what caused the accident and who was at fault before you file a claim. For example, you may only have 30 to 60 days to file a claim with a railroad that is owned by the government.

A railroad injury attorney is an important and necessary asset to railroad workers with a train track injury. Even though FELA allows for full recovery of damages from an injury on the railroad job, there are certain steps and procedures that must be perfectly followed to effect recovery. A FELA attorney will ensure all the injured worker's legal rights and options are known, and then proceed to aggressively represent their best interests.

Please contact us today to schedule a consultation with one of our attorneys.