Filing an Injury Claim Against a Railroad Company
Some of the most catastrophic accidents in the country are train accidents. As for those who are injured or who lose a loved one in such an accident, they may be eligible for compensatory damages.
But the claims process can vary depending on whether you were injured while working for the railroad or as a passenger, driver, pedestrian, or another non-employee.
How Railroad Injury Claims Usually Proceed
First of all, most cases end in an out-of-court settlement as railroad companies and state transit authorities usually want to avoid the negative press that would come in the wake of a trial. During negotiations, both parties will propose a reasonable amount in damages. Of course, it’s always possible that with a trial, the jury may award a higher amount, which is why some will press on with their lawsuit.
Lawsuits start with a complaint filed against the court holding jurisdiction over the accident. The defendants then file a response with their defense. Plaintiffs and defendants may exchange evidence, hearings may be held, and pre-trial motions may be made to admit or dismiss certain evidence. If a settlement is not reached, then a trial begins.
High-speed rail passengers who are injured in large-scale train accidents may not have all their losses covered due to a $200 million liability cap established by Congress in 1997.
Filing as an Injured Railroad Worker
Injured railroad employees may have claims under the Federal Employers’ Liability Act, commonly known as FELA.
FELA is different from standard workers’ compensation claims because the injured worker generally must show that the railroad’s negligence played a role in causing the injury.
A FELA claim may involve things like unsafe equipment, poor training, unsafe work conditions, lack of proper inspections, or failure to follow safety rules.
Filing as an Injured Driver, Passenger, or Pedestrian
Railroad accidents can also injure people who are not railroad employees, including drivers, passengers, pedestrians, and other people near the tracks.
Claims in this category can be tied to train collisions, railroad crossing crashes, unsafe crossings, poor visibility, malfunctioning signals, or other safety issues.
In these types of cases, the injured person may have a negligence claim against the railroad company or another responsible party.
The case may still be resolved through a settlement. But the evidence and legal issues can be very different compared to a railroad worker’s FELA claim.
Negotiating a settlement can be difficult, and the other side may use aggressive tactics to pressure victims into accepting an unfair offer. For this reason, it is wise to have a lawyer who can protect their interests and help ensure they are not taken advantage of.
Satterley & Kelley PLLC lawyers can answer your questions and discuss your options. You can call our Louisville office at 502-589-5600 or toll-free at 855-385-9532. You can also fill out our contact form and schedule a free initial consultation.