Questions about Railroad Accidents

Serving West Virginia and Ohio, including Parkersburg, Charleston, Morgantown, Huntington, Wheeling, Belpre, and Athens

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 of injuries 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 I 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, retailer, or 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?

You may be entitled to receive the following compensation after being injured in a railroad accident:

• Economic compensation - for medical costs, income loss, diminished earning capacity, and out-of-pocket expenses
• Non-economic damages - such as loss of quality of life, emotional distress, and pain and suffering
• 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 about every 90 minutes in the U.S., and many of them cause injury or death. You don't have to be a passenger on the train to be hurt in the accident. You might be driving your car over a railroad crossing, taking the subway to work, taking an elevated train in a tourist setting, or a railroad employee. Almost any type of injury can be sustained in a railroad accident, including very severe injuries such as:

• Back injuries
• Brain injuries
• Burn injuries
• Joint injuries

Please contact our Ohio and West Virginia railroad accident lawyers today to schedule your free initial consultation. We represent train accident victims throughout West Virginia and Southern Ohio including the communities of Belpre, Wheeling, Athens, Parkersburg, Morgantown, Charleston, and Huntington.

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