Railroad Accidents
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Learn about railroad accidents and FELA! |
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| About RAILROAD ACCIDENTS INFOCENTER |
| Railroad Accidents InfoCenter is an Internet resource that offers you an opportunity to research railroad accidents and your legal rights associated with railroad accidents. Railroad Accidents InfoCenter does not offer legal advice or referrals. |
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Railroad Accidents InfoCenterRailroad accidents can be very serious, sometimes resulting in lost lives or in hazardous material spills. Although overall railroad accidents have decreased in the past few decades, a recent resurgence in the number of train derailments has raised renewed concerns about railroad safety. Some blame the recent derailments on railroad companies' decision to cut costs by limiting expenditures on railroad track maintenance and repair. Causes and Types of Railroad Accidents Railroad accidents can be divided into at least four categories, including: · Derailments · Collisions with passenger vehicles · Collisions with other trains · Accidents due to mechanical failure (including explosions, brake failure, etc.) Although railroad accidents that involve collisions between trains and passenger vehicles are often be attributed to poor judgment or reckless driving on the part of the passenger vehicle driver, many railroad accidents are caused by the railroad company irresponsibility of employee negligence. Many of the derailments that have occurred in recent years have been caused by defects in railroad tracks. These defects, along with mechanical failures, often cause preventable accidents. But railroad companies’ propensity for cost cutting has meant that there are less maintenance workers, heavier cargo loads, and less repair expenditure. When railroad companies fail to take reasonable steps to protect train workers and passengers, they may be guilty of negligence. FELA’s Role in Protecting Railroad Accident Victims The Federal Employers’ Liability Act (FELA) was put into place in order to protect injured railroad workers. FELA is different from worker’s compensation in that the victim must prove that the railroad company was negligent before receiving compensation. Once compensation is awarded, however, the amount recovered under FELA is often substantially higher than what could have been recovered under traditional worker’s compensation plans. Under FELA, negligence is defined as any unreasonable action or inaction that leads to an unsafe work environment. FELA does not require the railroad company’s negligence to be the sole cause of injury in order for the victim to be eligible for compensation. Rather, if the railroad company’s negligence in any way contributed to the employee’s injury, then the company bears some legal liability. Compensation in railroad accident cases may be awarded for medical expenses, lost wages (including future loss of income if applicable), pain and suffering, and mental anguish. If you have been injured in a railroad accident, you may be eligible for compensation under the law. To learn more, please contact a qualified attorney with experience in railroad accident cases. |