Legal Services

RAILROAD ACCIDENTS

 

Railroads are vital to the United States, which has over 100,000 miles of rail line within its borders. Each year, millions upon millions of tons of goods are shipped via rail, one of the most high-volume, low-cost and energy-efficient methods of shipping available. With rising gas prices, congested streets, and concern over global warming, each month more and more Americans turn to commuter railways for their transportation needs.

The convenience of railways is not without cost. Each year:

Thousands of railroad workers are injured or killed while at work;

Thousands of vehicles or pedestrians are struck by trains at rail crossings;

Hundreds of rail passengers are injured or killed while on the train; and

Many trains carrying hazardous materials derail and spill their loads.

Rail Crossing Accidents


Persons injured or killed by a train at a crossing may have a claim for negligence against the railroad and sometimes in the form of a Pittsburgh wrongful death action. Often the railroad failed to properly maintain the tracks or to provide adequate warning of approaching trains. In many rural areas, railroads do not install gates or warning lights and fail to cut back vegetation that blocks a driver’s view of approaching trains.
Back To Top

Passenger Accidents


Railroads are obligated to use the highest degree of care and diligence to protect their passengers. Railroads owe this duty to their passengers while they are within the train’s passenger compartments, moving between the train’s cars, and boarding and unloading. Railroads must also protect their passengers from harmful acts by third parties, including attacks by other passengers.
Back To Top

Injuries to Rail Workers


Rail workers are protected by the Federal Employers Liability Act (FELA), which governs the liability of most railroad employers for work-related injuries suffered or occupational diseases contracted by their workers. Under FELA, employees can recover money benefits when railroad negligence contributed to their injury. The railroad does not have to be the sole cause of the worker’s injury, as long as the railroad contributed to the injury or disease, even slightly, the worker can recover.
Back To Top

Claims Against Railroad Companies and Statutes of Limitation


Litigating against railroad companies can be very complex due to the many laws and regulations that apply to the operation and maintenance of railways. If you or a loved one has suffered injuries because of an accident involving a train, contact Rudberg Law Offices, LLC for a free consultation. Our attorneys have decades of experience representing injured persons in Pennsylvania and West Virginia.

Specific time periods apply as to when an injured person can file a claim for compensation due to the injuries suffered in a railroad or train accident. For instance, if you are injured as a result of a railroad or train accident and you are not a rail worker, you only have two (2) years to file a lawsuit for your injuries. Rail workers have three (3) years to bring a claim under FELA for their injuries. Therefore, it is very important that legal representation is sought as soon as possible.
Back To Top

Additional Information


For additional information, you may find the following links useful:

U.S. Department of Transportation, Federal Highway Administration:
http://safety.fhwa.dot.gov/xings/index.htm
– for information on Highway-Railroad Grade Crossing Safety

http://en.wikipedia.org/wiki/US_Railroad_Safety_Appliance_Act
- for information on the Railroad Safety Appliance Act

Otherwise, call our office for additional information.
Back To Top