Edward J. Hershewe Personal Injury Law Blog on Lawyers.com

Railroad Accident Law

Monday, March 22, 2010 by Edward J. Hershewe

Contrary to popular belief, a motorist and pedestrian aren’t always at fault at a railroad crossing calamity. The same is true for a train. The answers lie in the complexity and ambiguity of railroad law. An experienced railroad accident attorney will offer you a comprehensive guide to railroad law and how it can impact your personal injury or wrongful death litigation.

Common cases involve:

Car-train collisions
Crew negligence
Derailment
Improper train speed
Insufficiently maintained tracks and equipment
People-train collisions
Train-train collisions
Malfunctioning or poorly maintained railway crossings

Timing is very important if you or someone you know are involved in a railroad accident. Representatives from the railroad company and federal, state, and local agencies will arrive on the scene quickly. Contrary to popular belief, many railroad crossing accidents are not the fault of the motorist or pedestrian. The best action you can take is to call an experienced and established personal injury attorney who is familiar with railroad accident laws in Arkansas.

Passengers or Employees who sustain injuries on train accidents may have a negligence claim against the train operator and railway owner. If the accident was caused by a malfunctioning train or safety device, injured parties, under certain state laws, may also bring a product liability suit to court. Under other state or federal safety laws, a court may find that a railroad company has absolute liability for an injury or death, meaning no further proof of fault is needed.

The Federal Employers Liability Act (FELA) of 1908 allows railroad employees who are injured in work-related accidents to file negligence suits against his or her employer or another railroad employee. FELA is a multifaceted federal law. Employees who evoke it should seek competent legal counsel.

Railroad tracks, trestles, yards and equipment are privately owned. Pedestrians can be considered trespassers and should never walk, run, or play near these areas without considering the consequences. Motorists should always remember the basic railway crossing rules and follow them and the safety and highway laws of their local jurisdictions.

Posted at 14:40 PM

Topic: Personal Injury