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Collecting Damages from a Railroad Accident
Sherrie BennettThe way you go about collecting damages from a railroad accident will depend on whether you're an employee or customer of the railroad. Railroad workers aren't usually eligible to collect under state workers' compensation laws. Injuries to railroad workers are covered by the Federal Employers' Liability Act ("FELA"). To collect under FELA, a railroad worker must prove that his or her injury was caused by the railroad not providing a reasonable safe workplace or proper equipment. This is a difficult thing to prove, and requires a good lawyer as soon as possible after the accident.
If you were a paying passenger who suffered a railroad accident, it should be somewhat easier to collect damages. Regularly scheduled railroads transporting passengers and freight for hire are considered "common carriers." Railroads are liable for negligence, but they are held to a higher "standard of care" in protecting the safety of passengers than mere negligence or carelessness. As a result, railroads and other common carriers may be held responsible for railroad accidents if the accident resulted from a failure of the railroad to take the highest degree of care, diligence, and vigilance in carrying passengers to their destinations.
Railroads may be liable for injuries caused in a crash, from a slip and fall on a railroad platform or from any other cause under the railroad's control.
Some railroads are owned or operated by government entities. In these cases, laws called "tort claims acts" may apply to injuries caused by the railroad. Tort claims acts usually require that the government entity be given notice of the injury within a very short time, and prohibit the filing of a lawsuit unless the proper notice is given.
If you've been hurt in a railroad accident, it's important to find a qualified lawyer as soon as possible.
Sherrie Bennett, with over 15 years of law practice, is the former director of Student Legal Services at the University of Washington in Seattle.
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