RAILROAD ACCIDENTS AND WHAT CAN CAUSE THEM

railroad accident

Train crashes, derailment and other accidents cause thousands of injuries each year. Railroad accidents can be catastrophic and in some cases fatal.

At Pepper & Odom Law Firm, our railroad accident attorneys have years of experience handling all types of transportation accident cases, such as car wrecks, train wrecks, semi truck or 18-wheeler wrecks, and more. Our attorneys can help you recover maximum compensation for your medical bills, lost wages, pain and suffering and other damages.

Causes of railroad accidents

Human error is one of the most common causes of railroad accidents. Traveling at excessive speeds, improper braking and falling asleep on the job can all cause serious, even fatal derailments and crashes. Other common causes of railroad accidents include:

Track defects—Worn or misaligned tracks, broken switches, and broken bolt holes can be a recipe for disaster.

Faulty equipment – Mechanical failure such as faulty brakes or malfunctioning switches are also causes of train accidents.

Signal errors –Malfunctioning or missing crossing signals can cause devastating accidents that can injure or kill motorists, pedestrians, passengers and railroad workers.

Collisions with vehicles–Drivers who ignore crossing signals can cause fatal train-vehicle collisions.

Improperly loaded freight cars—Cars that are overloaded or loaded with improper weight distribution can cause serious accidents and derailments.

Weather conditions and debris on train tracks—Inclement weather and objects in a train’s path can lead to severe accidents and injuries.

The most common cause of railroad accidents or derailment is faulty equipment. Welding or broken rails, according to the Federal Railroad Administration, are the most likely cause of derailment in railroad accidents.

Employees injured or killed in railroad accidents

The Federal Employers Liability Act (FELA) was enacted in 1908 to address the dangers associated with working in the railroad industry. FELA enables railroad workers to recover damages for an injury that is caused by the negligence of a railroad carrier, its agents or employees.

FELA exempts railroad employees from state workers’ compensation statutes, which usually prohibit injured workers from suing their employer. FELA allows injured railroad workers to bring lawsuits in the federal or local state courts.

The FELA benefits process can be complex and difficult to navigate. Seeking the counsel of an experienced railroad accident attorney who is familiar with FELA claims can help you understand your rights and recover fair compensation for your injuries and losses.

Under FELA, you may be able to recover quite a few things as damages, such as a loss of past and future earnings from missing work. If you required medical attention, the expenses from that can be granted to you.

An accident that left you disabled is another instance where you could receive compensation. Lastly, you can receive compensation from pain and suffering, as well as benefits for dependents of workers who are fatally injured.

As in, if a worker dies while on the job, any dependents you have benefits for can still receive the benefits or be compensated equally for those benefits.

Who is responsible for damages in a railroad accident?

Regardless of whether you’re an employee, passenger or bystander who has been injured in a railroad accident, multiple parties may be liable for your damages. In addition to the railway company, equipment manufacturers, track owners, and other contractors or shippers could be held responsible if their negligence caused your injury.

Contact an experienced railroad accident attorney

If you’ve been injured or have lost a loved one, our compassionate and experienced railroad accident attorneys at Pepper & Odom Law Firm can help. Contact us online or call 601-202-1111 to reach our Jackson, Mississippi office. To reach our office in Birmingham, Alabama, call 205-250-1107.