Whether you were hurt by a passing train or a train that derailed, or whether you were a railroad employee injured as a result of faulty parts or negligent upkeep, you could be entitled to recover for your injuries, lost wages, and pain and suffering.
To recover against a rail company, however, the cause of the accident must be pinpointed and proven in a court of law. This means the negligent party must be identified and held accountable. And this requires a skilled attorney to investigate, build a case, and advocate for your rights.
Protection for railroad employees:
FELA, the Federal Employers’ Liability Act, is a law that was passed in the early 20th Century to protect railroad workers, including engineers, brakemen, and other mechanics and operators, proving them rights to sue when they were injured by trains or on the tracks. Specifically, these workers can sue for lost wages, personal injury, and pain and suffering. However, to recover, workers need to prove that the railroad company failed to provide a reasonably safe place to work.
Protection for nearby pedestrians and drivers or passengers:
There were 144 injuries and fatalities involving citizens and railway employees on trains or railways in the state of Missouri in 2012 alone. Ten casualties involved pedestrians near railways. Also in 2012, there were 52 train accidents caused by faulty signals, mechanical or electrical failures, derailment, equipment problems, or engineer error.
Click here to see more statistics for train and railway incidents: http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx
Establishing a case against a rail carrier or train company means proving that company was negligent – whether by substandard maintenance, undertrained or unqualified employees, or simply on account of disregard for safety rules.
Passenger and freight train companies are legally required to maintain safe rails, cars, and crossings. These companies also have a duty under the law to protect the public from any dangerous conditions, such as overgrowth or faulty signals or broken parts. When a railroad company fails to do its job with the highest standard of care and neglects its legal duty to promote public safety, that company may be held liable for your injuries, loss, and other damages you suffer.
Proving this kind of negligence requires a thorough investigation of the company that owns and maintains the train, those entities responsible for maintaining rails and crossings, the manufacturer of the parts, the mechanics and engineers, the train conductor, and anyone and everything else that was involved in that train causing you harm.
At NB&W, we have a strong desire to help our neighbors and those in our community recover compensation for their injuries and hold those who hurt them accountable. If you have been hurt in any kind of incident involving trains or railways, contact us today – we will answer your questions for no charge or obligation. Let us advocate for your rights; help us make our community safer for your family and ours.