Railroad Accident Lawyer
Serving West Virginia and Ohio
Frequently Asked Questions
What does The Federal Employer’s Liability Act (FELA) require of train companies?
FELA requires that a railroad company provides its workers with a safe work environment. This includes having enough manpower, properly-functioning tools and equipment, periodic inspections of work areas and the enforcement of safety rules. If an injured railroad worker can show that the company failed in any of these respects, fault can thus be established, and the worker will be entitled to compensation.
What types of injuries are covered by FELA?
There are four types covered:
- What you might think of as traditional injuries: broken bones, lacerations, and pulled muscles, for example.
- Repetitive stress injuries that develop gradually, such as hearing loss or tendonitis.
- Aggravation of a previous injury; FELA will regard this as a new injury.
- Occupational diseases if you can show that negligence caused them. Examples would be lung cancer, asbestosis or skin diseases.
If I’m a train passenger and get hurt, what claims could I bring?
You might be able to bring a claim for negligence on the part of the train operator. If the owner of the train is different from the operator, you could potentially sue the owner. There might be issues of negligent hiring of personnel, inadequate training of new personnel, or train or signal operators being under the influence of drugs or alcohol. You might also be able to bring a claim against the train manufacturer or retailer, or against a maintenance company, if the accident was related to defective or malfunctioning parts; either on the train or on the tracks.
What sort of compensation might I receive after a train accident?
There could be three types of compensation owing to you.
- Economic compensation – for medical costs both past and future, for income loss, past and future, for lost earning capacity, and for out-of-pocket expenses.
- Non-economic damages – such as loss of quality of life, emotional distress, pain and suffering and even inconvenience.
- Physical disfigurement or impairment damages – which would be compensation for scarring or any disabilities you now must live with.
Railroad accidents are often fatal, and if you have lost a loved one this way, you could file a wrongful death claim.
Don’t most people fly these days, rather than take a train?
Yes, that trend has been happening. But the U.S. railroad system is still very large, with over 600 railroads and 200,000 miles of tracks. There’s a train accident every 90 minutes or so in the U.S., and many of them cause injury or death. People don’t have to be passengers on the train to be hurt in the accident. They might be driving their car over a railroad crossing, or taking the subway to work, or taking an elevated train in a tourist setting, or they might be railroad employees. Almost any type of injury can be sustained in such a chaotic situation as a train derailment or collision, even very severe injuries such as back injury, brain injuries, burns, and joint injuries.
If you have been hurt or if you have lost a loved one in a train accident, consult an experienced railroad accident lawyer to learn more about your legal rights. Jim Leach and his associates in West Virginia and Ohio will be happy to give you a free consultation. Evaluating your legal situation and gathering pertinent information are the first things that must be done if you are to win any compensation. Give us a call today, or send us an email, so that we can get the ball rolling for you.
Our railroad accident lawyers represent train accident victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Wheeling, Athens, Jackson, Vienna, Parkersburg, Morgantown, Charleston, Huntington, Ravenswood and Ripley.
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