A good railroad accident lawyer is a must if you’ve been involved in a railroad accident. The railroad industry in the U.S. is worth nearly $315 billion, so you can count on it having teams of legal experts available to avoid accountability after a mishap. Having your own lawyer will help you “even the odds”, avoid mistakes that could wreck your case, and increase your odds of getting compensation.

Why You Need a Railroad Accident Lawyer 

Why do you need a good railroad accident lawyer? Consider what he or she can do for you:

• Collect evidence
• Find expert witnesses
• Find weaknesses in the other side’s case
• Pursue settlement negotiations
• Represent you in court

Types of Railroad Accidents  

The most common types of cases a railroad crossing accident lawyer deals with include:

• Slips
• Falls
• Derailments
• Poor security
• Lousy safety measures

Railroad Crossing Accidents 

As any seasoned railroad crossing accident lawyer can tell you, there are many reasons why the accidents listed above happen. These include:

• Negligence
• Human error
• Defective equipment
• Operator absence
• Broken rail tracks (caused by lack of maintenance or vandalism)
• Motor vehicles getting in a train’s way 

Train Derailments and Collisions  

• In 2015, an Amtrack train traveling from Washington, D.C., to New York City derailed because the train hit a 50 MPH curve at 106 MPH. Eight people died. Close to two hundred people had to be taken to local hospitals. An investigation later found the engineer, who was distracted by an emergency situation on another train, wasn’t paying attention to his train’s speed.
• In 2009, a Metrorail train in Washington, D.C., hit a train parked on the tracks. Nine people died. Over fifty people had to be taken to the hospital. Investigators blame the crash on a failure of the track circuit models.
• In 2008, a California Metrolink train crashed head-on with a freight train. More than one hundred people were hurt, and 25 people were killed. The crash was caused by the fact that the engineer was texting instead of paying attention to the track signals. 

Workplace Railroad Accidents  

The BLS says that the railroad industry has a fatal injury rate that’s two times as high as other industries. Sadly, it’s not hard to see why:

• You can have a bad slip and fall accident as there are lots of cords, holes, debris and/or slippery surfaces in your work area
• Heavy equipment typically used to speed up work can cause serious injuries 
• There’s a lot of high-voltage equipment and many high voltage surfaces, which increases the likelihood of electrocution and burns
• Railroad workers may be exposed to toxic chemicals that can cause long-term health problems
• Lifting heavy items and repetitive movements can cause muscle strain and other health issues 

If you’ve been hurt when working on a railroad, get in touch with a local railroad worker lawyer. A good lawyer will help you determine fault, collect evidence, and claim compensation. 

Common Railroad Accident Injuries 

Many of the same injuries that are common in the construction industry are common in the railroad industry. These include:

• Broken bones
• Cuts
• Sprains
• Traumatic injuries to the brain and/or spine
• Joint damage
• Injuries caused by repetitive motions
• Muscle strain
• Burns

If you’re hurt, see a doctor as soon as you can. Next, call a railroad injury lawyer to help you document evidence and file your case. 

Federal Railroad Administration (FRA) Regulations in Railroad Injury Cases

The railroad lawyer must know the Federal Railroad Administration regulations (FRA) in order to properly represent his clients. A personal injury lawyer that is not familiar with the Federal Railroad Administration regulations will not be able to get the best outcome possible for his clients.The rules set by the FRA are complex. They may involve railway safety, passenger safety, freight issues, accessibility concerns, and all manner of particular regulation.

Legal Rights of Railroad Workers Under FELA

FELA stands for Federal Employers’ Liability Act. It was passed in the early 1900s after a spate of devastating, deadly railroad accidents. 

FELA allows railroad workers who aren’t covered by workers’ compensation laws to sue for compensation. However, the railroad worker filing the suit has to prove the other party’s negligence was at least partly at fault for causing the injury. Workers who win their suits get full compensation that’s often more equitable than that given to workers in other industries. However, you need a good railroad worker lawyer if you hope to win your case.  

Challenges in FELA Claims  

The key to filing a successful FELA claim is proving that the railroad didn’t provide a “reasonably safe” work environment. Sometimes, the other party’s negligence is obvious, but in other cases jurors may have a hard time placing the blame for the accident. This is especially true if the railroad has a powerful legal team that is doing everything possible to prove it’s not at fault. 

Compensation Available After a Railroad Accident

If your railroad lawyer can prove the other party was at least partly negligent, you can recover damages for:

• Medical bills
• Pain and suffering (past and future)
• Loss of enjoyment in life
• Lost earnings (past and future)

Medical Expenses and Lost Wages 

The reason why you should see a doctor right after you’re hurt at work is to determine the extent of your injuries. Sometimes, you don’t feel pain or discomfort for days or weeks, but waiting until after you’re in pain to get medical help give the railroad’s legal team space to say that you weren’t really injured while working.

If you can prove your injuries happened while working for the railroad and that the railroad was at least partly to blame, you can claim compensation for treatment costs and the time you have to take off work to get medical help. 

Pain, Suffering, and Long-Term Care 

You can also claim compensation for pain and suffering. This includes not just physical suffering from a broken bone or torn muscle, but also emotional distress. 

Furthermore, you can claim compensation for long-term care, if you need it.  

How a Railroad Accident Lawyer Can Help 

A railroad accident lawyer can help you by:

• Deciding where to file your case
• Collecting evidence
• Finding witnesses to testify in your favor
• Examining the other side’s case for weaknesses
• Negotiating with the other side for a settlement
• Representing you in court

Gathering Evidence and Building a Case 

You’ll need strong evidence to prove the railroad was negligent. A good lawyer will help you collect:

• Evidence your injuries happened at work, not elsewhere
• Evidence showing the nature and extent of your injuries
• Witness testimony from people who saw the incident
• Expert testimony

Negotiating With Railroad Companies and Insurers  

It’s hard to think clearly when you’re injured. Unfortunately, corporate lawyers take advantage of this. They may pressure you into:

• Giving a statement that they can use against you in court
• Taking a settlement that’s far less than you deserve

A good lawyer will deal with the company and insurance agencies so you can focus on recovering from your accident. Your lawyer will also prevent you from saying or doing things that could hurt your case.  

Steps to Take After a Railroad Accident

• Get to safety
• Get medical help
• Call a railroad injury lawyer
• Start collecting any evidence you can

Conclusion 

A good railroad accident lawyer can spell the difference between winning or losing your case. 

At Ledger Law, we take pride in helping injured railroad workers get the compensation they need and deserve. Our award-winning firm is nationally recognized, and we specialize in settlement negotiations to help you get fast financial help to cover expenses. 

Frequently Asked Questions About Railroad Lawyers and the FRA

When should I hire a railroad injury lawyer after an accident?

As soon as possible. The railroad will already have a legal team on call. You’ll need legal help quickly to avoid problems.

What types of cases does a railroad crossing accident lawyer handle?

Railroad crossing accident lawyers handle liability and wrongful death cases involving railroad accidents.

How can a railroad worker lawyer help with FELA claims?

Your lawyer can help you know who to sue and where and when to file your case. A good lawyer can also collect evidence for you and advise you on the pros and cons of accepting a settlement offer. If you decide not to settle, your lawyer will represent your case in court.

What compensation can I recover after a railroad accident?

You can recover compensation for:

• Emotional pain and suffering
• Medical bills
• Lost wages
• Punitive damages (if the railroad was grossly negligent) 

Are railroad companies always liable for crossing accidents?

No. Accidents at railroad crossing aren’t always the railroad’s fault.

• If the accident happened because the railroad crossing wasn’t properly maintained, you would sue the local government
• If a driver doesn’t obey crossing signs, he or she is responsible for the accident
• If you don’t use “reasonable care” as you work, you could be held legally responsible for the accident.

How much does it cost to hire a railroad accident lawyer?

Most lawyers who take on liability or wrongful death cases do so on a contingency fee basis. Instead of getting paid upfront, the lawyer gets a percentage of your compensation or settlement.