Railroad Accidents
At the Hershewe Law Firm, P.C. in Joplin, MO, we know you probably think railroad accidents only happen when trains collide with motor vehicles in a crossing, injuring and possibly killing occupants in the auto and aboard the train. You also might think the only litigation is when a lawyer sues a negligent railroad company for the rights of a bereaved family.
It does sometimes happen this way. However, Hershewe railroad accident attorneys believe you need to understand how railroad accidents and railroad accident law impact personal injury and wrongful death litigation. You may have a case. Let us fight for you!
Always serious, more frequent than you think
According to the Federal Railroad Administration Office of Safety Analysis (FRA), in the United States in 2008, there were—
- 12,397 accidents involving trains, resulting in 796 fatalities and 8000 injuries.
Not all those accidents occurred under the same circumstances. Not all the fatalities occurred at crossings. And, not all the people injured or killed were automobile drivers.
Railroad accidents are divided into four categories:
Train accidents
A train accident involves on-track rail equipment. In 2008 there were—
- 2,404 U.S. train accidents: 27 deaths; 281 injuries
Almost 75% of these on-track accidents were derailments. The Hershewe Law Firm, P.C. knows the law in Missouri, Arkansas, Oklahoma and Kansas: it is the responsibility of the railroad company to inspect and maintain its track. Railroad accident attorneys investigate the causes of train accidents and find who is responsible for harm to passengers and rail employees.
Highway-rail accidents
A highway-rail incident is any impact between a train and a highway user—motor vehicle, bicycle, motorcycle, or pedestrian—at both public and private crossings. Motor vehicle drivers are often blamed for these accidents, and many of these accidents are caused by trespassing on railroad land. In the U.S. in 2008, there were—
- 2,387 highway-rail accidents: 285 fatalities; 930 injuries
Trespassing accidents—those not at rail crossings—took 455 lives in 2008 and injured another 425 people. Highway-rail and trespassing incidents accounted for over 90% of all train accident fatalities, the tragic stories that made the 2008 news. However, highway-rail incidents represent fewer than 20% of all reported railway accidents in the U.S. There is no doubt that railroad crossings, rail yards, train equipment, and railroad tracks are seriously dangerous.
Other incidents
There were 7,606 other incidents, defined as accidents that caused a death, an injury, or the occupational illness of a railroad employee, in 2008. On-duty rail employees suffered more than half of the 7,310 non-fatal conditions. Most fatalities in this category—454 out of 484—were attributed to trespassing.
On-duty rail employee accidents
Working for a railroad is hazardous. The Federal Railroad Administration reports the cases of railroad employees who are killed or injured on duty. In 2008, there were—
- 4,855 incidents, accounting for over half of all non-fatal railroad injuries and 25 deaths
Railroad accident litigation
The Hershewe Law Firm, P.C. knows that with a competent personal injury and wrongful death lawyer representing you, the law can be on your side when a railroad accident occurs. We determine if you have a case, and present it persuasively to ensure you get the justice you deserve. You may have a case, and/or be entitled to compensation, if—
- As a passenger or railroad employee, you were injured or a family member was killed, in a railroad accident as a result of negligence by the train operator and railway owner.
- A malfunctioning train or safety device caused the accident. Under certain states’ laws, you may also bring a product liability suit to court.
- Under state or federal safety laws, a court is convinced that a railroad company has absolute liability for an injury or death, meaning no further proof of fault is needed.
Compensating railroad employees
Hershewe railroad accident attorneys can also help railroad employees who are injured in work-related accidents file negligence suits against their employers or other railroad employees under the Federal Employers Liability Act (FELA). It is important to note there is a difference here with workers’ compensation law that is important. Under workers’ compensation laws, no proof of negligence need be established to receive compensation. FELA provides that once negligence is proven, the worker can receive a much higher amount than that provided under the workers’ compensation law.
Everyone has some responsibility for safety
Litigation is a serious matter, and the burden of proof in such cases is heavy. However, the lawyers at Hershewe Law Firm, P.C. know that under the state and federal law, railroad companies are responsible for maintaining safe crossings, equipment, and workplaces. Also be aware that your safety is also in some measure your responsibility—to “stop, look and listen.”
But if you are involved in a Missouri, Oklahoma, Arkansas, or Kansas railroad accident as passenger, motorist, or employee, count on The Hershewe Law Firm to fight for you.
Serving railroad accident clients in Missouri, Arkansas, Kansas, Oklahoma, and nationally
The Hershewe Law Firm has the skill and experience to fight the railroad companies and their insurers. Call 877-382-9734 or contact us online today for a free consultation about your case.
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