The government reports over 3,000 railroad accidents each year. One accident occurred in April on tracks outside Philadelphia. A train was moving at a high speed and slammed into a construction site. Sadly, two workers were killed. Fortunately, not all accidents are fatal. Injured railroad workers have to go through a rigorous process to receive damages. Basically, the worker has to file suit and prove the railroad’s negligence. Railroad accidents are administered under FELA, the Federal Employees Liability Act.
FELA rules and regulations are complicated. It is advisable to have a Railroad Accident Attorney in Avondale AZ. That is because railroad lawyers understand the nuts and bolts of liability under FELA. Many attorneys have websites and just Click Here to learn more. There are several reasons why these accidents occur. First, collisions at crossings happen frequently. And, it is not uncommon for workers to make mistakes switching tracks. These mistakes can result in train collisions. Lastly, speeding and ignoring signals are the main causes of derailments and collisions. Injured employees have to prove three things:
* they are covered by FELA
* the railroad was negligent
* the negligence caused harm
Any employee of a railroad participating in interstate commerce is covered by FELA. Further, the attorney must file the lawsuit. Next, the Railroad Accident Attorney in Avondale AZ must prove the railroad’s negligence. Anything that creates a hazard is considered negligence. Failing to supervise employees is an example of negligence. Likewise, another common example is a failure to adequately train workers. The railroad must also enforce limitations on how long workers can work. And, the carrier must provide the proper safety equipment was in place.
Interestingly, the standard of care is higher than negligence for passengers. Railroads are liable if they do not use the highest degree of caution transporting passengers. Therefore, passengers are entitled to damages for a variety of injuries. FELA lawsuits are handled like any other personal injury claim. The attorney can negotiate a settlement with the railroad. However, sometimes, it is necessary to go to court. Plaintiffs can sue for medical expenses, the loss of income, psychological suffering, and disability. Hopefully, injured workers and passengers receive fair compensation.
