Are you one of the thousands of Americans who are injured every year in railroad accidents? You may be entitled to compensation for pain, suffering, lost wages, out-of-pocket expenses, and decreased quality of life due to your train injury. If you are an injured railroad worker or a member of the public, you have a limited amount of time to file a lawsuit. It is essential that you contact an attorney immediately regarding a Train & Railroad Accident Lawsuit.

What You Can Do & How a Train & Railroad Accident Lawsuit Can Help

The Schmidt Firm, LLP is currently accepting train and railroad induced injury cases in all 50 states. If you or somebody you know has been injured in a train accident, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Train & Railroad Litigation Group or call us toll-free 24 hours a day at (866) 920-0753.

UPDATE

December 10, 2012 – A $10 million lawsuit has been filed by a mother of three after she and her family suffered breathing problems due to the train derailment in Paulsboro, New Jersey, that leaked thousands of gallons of vinyl chloride into the air. Click here to read more.

November 29, 2012 – A CSX freight train derails on a collapsed bridge near Paulsboro, New Jersey, leaking highly toxic and flammable chemicals into the air and water. Dozens of people sent to the hospital with respiratory problems. Click here to read more.

August 22, 2012 – CSX train derails in Ellicott City, Maryland, killing two 19 year-old women.

Overview

Railroads, railyards, and trains are inherently dangerous. According to the Federal Railroad Administration (FRA), every year there are thousands of train accidents and hundreds of deaths. Injuries may occur when train companies fail to protect their employees or the public adequately.

Some of the most serious train accidents include:

• Train collision or derailment
• Train carrying toxic or hazardous materials derails
• Train employees exposed to toxic or hazardous materials
• Railroad crossing accidents
• Railroad worker injuries

If you were injured in a train accident that was caused by negligence, you may receive compensation if you file a train accident lawsuit.

Proving Negligence

If an injury occurred because the railroad company failed to provide adequate training, equipment, safety conditions, or other steps, the company may be held liable for failing to keep its employees or the public safe. This is called negligence. If a railroad injury lawyer can prove that the railroad company failed to do something it should have done which caused your injury, they can be found guilty of negligence.

Some examples of railroad negligence include, but are not limited to:

• Failing to establish a safe working environment
• Using improper equipment
• Failing to provide adequate training to employees
• Not performing frequent inspections
• Improperly maintaining trains or equipment
• Failing to properly mark or maintain a railroad crossing
• Over-working employees, creating a dangerous work environment
• Failing to maintain train crossings
• Exposing employees to toxic substances

Train Crossing Accidents and Injuries

The general public may be victims of a train accident. Often, these accidents are caused at train crossings. Drivers approaching a train-road intersection may be unable to see an oncoming train if there is overgrown vegetation or something else obstructing the view. Other times, the crossing signal or gates are not installed properly, broken, poorly marked, or improperly maintained, and they fail to alert drivers of an oncoming train. By law, trains moving through heavily populated areas must move at slower speeds and use whistles to alert pedestrians and drivers that a train is approaching. Failure to do so can create a dangerous situation that results in an accident.

As many as 80% of railroad crossings do not have adequate warning devices. Train companies have a responsibility to maintain crossing equipment. Pedestrians and drivers may be completely unaware that a train is coming, until it is too late.

Railroad crossing accidents involving pedestrians and drivers are usually severe, often resulting in death. Determining whether the injury was a result of negligence can be very complicated, with many different parties involved.

Railroad Worker Accidents

Working with trains is an inherently hazardous job. Under the Federal Employers’ Liability Act (FELA), train companies have an obligation to keep their workers safe and protect them from unnecessary risks that could cause injury. This law helps protects the rights of injured railroad workers. Under FELA, railroad workers who suffered an injury on the job are allowed to recover damages from train companies that are found negligent.

Sometimes, train companies fail to provide their workers with safe working conditions, resulting in serious injury, disability, or death.

Common railroad worker injuries include, but are not limited to:

• Physical injures (lacerations, broken bones, amputations, burns, etc.)
• Slip and fall injuries
• Ballast injuries to feet, ankles, knees, legs, spine
• Repetitive motion injuries: Carpal tunnel, Spinal injuries
• Hearing loss
• Back injuries
• Knee injuries (from jumping off moving trains)
• Toxic chemical exposure (asbestos, chemical solvents, diesel fumes, mesothelioma, etc.)
• Lung cancer
• Vibration injuries (ankles, feet, joints, spine)

Railroad Ballast Injuries

Recently, eight railroad workers were awarded $15.1 million in a railroad ballast injury lawsuit against CSX Transportation, Inc. In the lawsuit, CSX was found negligent for using improper ballast in the railyard, using improper equipment, and requiring their employees to jump off moving trains.

Ballast refers to the rocks around train tracks. “Mainline ballast” uses larger rocks, and walking on these rocks significantly increases the risk of slips, falls, and other injuries. “Working ballast” is made of smaller stones that are easier to walk on. CSX failed to install working ballast in the railyard, despite company regulations.

The men also alleged that CSX required them to throw improperly designed switches and jump off moving trains. Furthermore, the company never investigated potential risks to employee safety, which could have identified risks and prevented injuries.

The men who filed the lawsuit suffered from osteoarthritis in their knees. One man was permanently disabled from these injuries. Another man was forced to undergo surgery on both knees and will need knee replacement surgery in the future.

If you decide to file a railroad injury lawsuit, you may be entitled to compensation for your pain, suffering, medical expenses, lost income due to your injuries, and more.

Do I have a Train Injury Lawsuit?

The Schmidt Firm, LLP is currently accepting train and railroad induced injury cases in all 50 states. If you or somebody you know has been injured in a train accident, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Train & Railroad Litigation Group or call toll free 24 hours a day at (866) 920-0753.

Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.