Railroad Accident Attorney
Serving West Virginia and Ohio
Even though train travel has decreased in recent decades, as more people prefer to fly, there are still train accidents which cause severe injury. Amtrak is the primary passenger train service and transports about 60,000 people each day. The railroad accident attorney at the law office of Jim Leach and his associates, which serves residents of West Virginia and Ohio, train accident victims have received professional and excellent representation. We put great emphasis on giving personal attention to each of our clients, listening carefully to the circumstances of each accident, and gathering information to build a strong case.
The Federal Employer’s Liability Act (FELA)
It’s not only train passengers who can be injured in such accidents, but also railroad workers. FELA was enacted in 1908 by Congress to give benefits to railroad workers who are hurt on the job. It’s based on the principles of fault, unlike the State Workers’ Compensation laws, which are on a no-fault basis.
There are three main requirements an injured railroad employee must establish under FELA:
- The accident must have happened during the course of the worker’s employment. It does not have to have happened on railroad property, however.
- The railroad must be involved with interstate commerce with two or more states
- The railroad must have caused the worker’s injuries, or contributed to them.
Types of railroad accidents
- Railroad crossing accidents – these occur when a train collides with a vehicle on the crossing or hits a pedestrian.
- Derailments – both cross-country trains and subway trains are occasionally subject to this type, and passengers may sustain a bone fracture, head injury, back injury or even death. The tracks need adequate maintenance, especially if they’re exposed to rain and snow.
- Falls on to the train tracks – Sometimes a person tries to get off a moving train but falls and is hurt either by the fall or by the train, and this is often fatal.
- Two-Train Collisions – sometimes occur if signaling is defective or communications are poor, so that two trains end up on the same track. This could even be freight trains as well as passenger trains.
If you have been hurt in any type of train accident, and feel that somebody’s negligence or carelessness caused it, please contact us. In your free consultation, we would learn from you what happened and begin assessing your legal situation. An experienced railroad accident attorney like Jim Leach in West Virginia and Ohio can quickly zero in on what is most important, to determine whether you have a valid legal claim for compensation. Call or email us today.
Our railroad accident attorneys represent train accident victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Parkersburg, Wheeling, Athens, Jackson, Vienna, Morgantown, Charleston, Huntington, Ravenswood and Ripley.
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