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Did you Know?

Very few passengers were killed in a single U.S. train wreck up until 1853. The early trains ran slowly and made short trips, night travel was rare, and there were not many of them in operation.

Under the Federal Railroad Administration, the number of railroad accidents declined by more than 75 percent between 1978 and 1993.

every 90 minutes, a train accident occurs in the United States.

Railroad Accidents

While trains are convenient for travel and for transporting goods, they have become a greater danger over the years as their speed has increased. Sometimes railroad accidents are caused by human error, but other causes include derailment, explosions on board, and bridge collapses.

The laws surrounding railroad accidents are more complex than the laws surrounding typical automobile accidents. Actionable railroad accidents include railroad crossing accidents, train/car collisions, and derailments. Railroad workers who are injured on the job are protected by the Federal Employers' Liability Act (FELA) but, in order to recover damages, the worker must prove negligence on the railroad's part.

About FELA (Federal Employees Liability Act)

In 1908, Congress passed the Federal Employers' Liability Act, (FELA). This law assures railroad employees a safe work place and gives them and their families the right to recover compensation if injured in a railroad related accident.

Under FELA, injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. If an employee is killed on the job, survivors are entitled to recover damages for what they have suffered because of the death.

A railroader is entitled to recover damages from his company under the U.S. Federal Employees Liability Act if the follow facts exist:

» When the railroad he works for is engaged, even in small part, in interstate commerce; that is, it either runs across states lines or handles interstate freight.

» When injury to the worker is the result, even in part, of the negligence (carelessness) of any officer, agent of employee of the railroad, or the injury is caused by any defect in the cars, engines, appliances, machinery, track, road bed, or any other equipment of the road.

» The railroads, under the law, have a duty to provide safe places of work for their employees. They must also provide safe equipment, tools and proper working conditions for them. If any railroad fails to take these safety measures, or if the employee is injured through the carelessness of any other employee, the railroad is held responsible. It is liable to the worker for any injuries or damages he may suffer as a result.

» The amount of money an injured railroad worker is entitled to recover is decided by two factors: (1) how serious his injuries and losses are, and (2) whether he can show that his injury was in some way, or in some part, due to the fault of the railroad, the negligence of any of its employees, or some defect in equipment, tools, or any unsafe working condition.

Consult a personal injury attorney in your area to learn more about railroad accident claims and cases.

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