Railroad Accident Injury

Accidents with connection to railroads are all considered railroad accidents, this include accidents in railroad crossings, collisions between train and car and railroad derailments

Laws covering railroad accidents are somewhat more complex compared to other laws regarding motor vehicle accidents.

Victims who sustained a railroad accident injury must know the ways to collect compensation.

The procedure on getting compensation for damages when injured in a railroad accident, depend whether the victim is a railroad employee or a railroad customer.

The Federal Employers’ Liability Act of 1908 (FELA) protects railroad employees who are injured while on the job. However, under this law, an injured railroad employee must prove that there was negligence on the railroad that caused the accident. Once proof is established, the injured worker is entitled to benefits as provided by the said law.

According to FELA, an injured railroad employee can sue for compensation of damages like past and future lost of income, medical expenses, whatever reduction in the ability to earn income after the injury and for the pain and suffering by the victim and his family.

Proving that the railroad has failed to provide a reasonably safe workplace and secure equipment is quite difficult. It makes collecting for damages also difficult. In order to make a breakthrough with railroad accident injury, one needs to consult an experienced lawyer right after an accident happened.

There is a doctrine of comparative negligence used in FELA. According to the doctrine if the worker was partially liable for his injury, then he gets to recover only a portion of the damages.

Claims can be pursued in State or Federal court. Jury trial is provided for the plaintiff, being the one with the railroad accident injury. The jury determines negligence of the railroad, co-workers or other railroad personnel. Jury also decides if the plaintiff was partly negligent and has a part liability in the accident.

The railroad employee can only file for claims within the statute of limitations, which is three years from the date of the injury.

For a paying passenger who suffered railroad accident injury, it is quite easier to collect damages. It is understood that the railroad is liable for negligence in whatever mishap.

Railroad companies can be responsible for railroad accident injuries caused by crashes, slip and fall on railroad platforms or any other causes under the railroad’s control.

Whether you are a railroad employee or a paying railroad passenger who sustained railroad accident injury, we are your expert legal partner in getting the compensation you deserve.