Entries in the 'Train Accidents' Category ↓

FELA, which stands for the Federal Employer’s Liability Act, was established in 1908 in response to the large numbers of railroad injuries and deaths that went uncompensated at the time.  FELA provides a mechanism for railroad workers to obtain medical treatment and compensation for injuries that result from their employer’s negligence or failure to protect their safety on the job. All railroad workers are covered, including those whose jobs do not put them in close proximity to trains. Unlike workers compensation, FELA only applies to railroad workers and only when an employer is negligently responsible for an injury. If the railroad is deemed to be at fault for the injury, then the railroad employee is entitled to compensation for:

• Lost wages resulting from the injury.

• Compensation for medical treatment necessitated by the injury.

• Damages for physical pain and emotional suffering, as well as for disfigurement and scarring.

• Limitations on future earning capacity.

• Death benefits to surviving family members for funeral costs, lost wages, and pain and suffering.

The value of the benefits one can receive under FELA will depend upon the severity of the injury, and the extent to which one is disabled or the amount of time their injuries prevent them from working. The economic damages awarded in a FELA lawsuit can also depend upon whether the injured party was at all to blame for their injury.  FELA awards will be decreased in value by an amount that is consistent with the degree of responsibility for the injury.

This article was provided courtesy of the Philadelphia FELA lawyers of Cahill, Goetsch & Perry, P.C. Attorneys at Law, 800.654.RAIL (800.654.7245), who stand ready to assist railroad employees.

Most people see riding a train as a necessary means to get from place to place. Others see it as an enjoyable adventure to a vacation from home. Businesses see trains as a way to get their goods from point a to point b. No matter the reason, trains have played a major role in our society and tracks cover a good portion of the country.

People often associate accidents with cars crashing, planes failing, or ships sinking. Unfortunately, another common accident in our society is train accidents. We have all seen those gruesome pictures of trains on their sides with cargo or chemicals polluting the ground around it, but how many of us have actually stopped to question how such a devastating event could occur?

Lack of Maintenance
As with many other causes for train accidents, human error does come into play. Sometimes major accidents happen that could have been completely preventable. There are many cases like this where improper train or track maintenance was the sole reason for hundreds of fatalities.

Mechanical Failure
While many of us would like to think that machines have become an indispensable part of society, we seem to forget that machines still can fail at what they are supposed to do. Many train accidents are caused by mechanical failure. These failures can include broken warning lights or safety can prevent.

Human Error
No one likes to admit their faults but lets face it, nobody is perfect. Sometimes people make mistakes; unfortunately in the railroad industry the effects of a mistake can be devastating. Some causes for accidents, related to human error, include or improperly loaded or disproportionate cargo.

Weather
Weather can cause more than derailment. It can also limit the engineer’s and/or conductor’s ability to do their job due to inadequate sight of the tracks ahead.

Other Causes
Sometimes a train accident can be due to lines being switched improperly or excessive speed. Another cause may be miscommunication on which track is non-operational and which one is in use. This leads to many cases of collisions.
These causes are just a few of the many reasons why train accidents occur. No matter what the causes, a train accident often leads to a catastrophic experience for all who are involved.

Article provided courtesy of railroad accident attorneys:
Doran & Murphy, LLP
1234 Delaware Avenue
Buffalo, New York 14209
800.374.2144