Call Today for a FREE Confidential Case Review - Toll-Free 24/7 (866) 920-0753

Train & Railroad Accident Lawsuit

Train & Railroad Accident Lawsuit

Every year, thousands of Americans and railroad workers are injured in railroad accidents, derailments, chemical spills, cancer, and other disasters.

What You Can Do & How We Can Help

The Schmidt Firm, PLLC 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: Amtrak Hit With Lawsuits After Deadly Crash in Philadelphia

May 29, 2015 — Amtrak is facing several lawsuits after a train accident near Philadelphia earlier this month killed eight people and caused 200 injuries. Click here to read more.

February 9, 2015 — Investigators are trying to determine whether an unusually designed third rail may have contributed to a deadly train accident in New York last week. Click here to read more.

January 15, 2015 — Metro passengers who were “trapped like rats” in a smoke-filed subway train have will file a lawsuit accusing the transit agency of failing to implement proper safety protocols for an evacuation. Click here to read more.

January 13, 2015 — The victims of a Canadian railroad disaster were awarded $200 million from with the now-bankrupt rail company, but the town’s mayor says that is only a fraction of what is needed. Click here to read more.

What is the problem?

Railroads 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.

Types of Train Accidents

  • 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

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.

Examples of Negligence

  • 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

Railroad Crossing Accidents

Drivers approaching a train crossing 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.

FELA Lawsuits

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.

Types of Railroad Injuries

  • 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)

$15 Million Awarded in Railroad Ballast Injury Lawsuit

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.

Do I have a Train Injury Lawsuit?

The Schmidt Firm, PLLC 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.

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.

Free Case Evaluation

The Schmidt Firm, PLLC has been recognized as one of the nation’s leading plaintiffs’ law firms and handles cases in all 50 states. We are very proud of our legal achievements, but equally self-respecting of our firm’s reputation for providing personal attention to each and every client we represent.

No matter what type of case you have, you may contact us with confidence by filling out the email contact form below or calling us directly by dialing toll free 24 hrs/day (866) 920-0753.

*
*
*