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Tragically, it is reported that over 3,000 train accidents occur each year in the United States with approximately 1,000 people dying as a result of injuries sustained in the accident. Train accidents may occur as the result of a collision with another train, a car or bus, or even as a result of derailment or fire.
Causes of Train Accidents
While the causes of train accidents are numerous, the most common ones involve:
• mechanical failure
• electrical failure
• maintenance problems
• human error (this includes driver fatigue and signal and communication errors)
• old and improperly maintained tracks
• structural defects
• inadequate security on trains
• collision
• derailment
Responsible Parties
Since there are many factors that lead to a railroad accident, there are many people who can be held responsible in the case of an accident. When a train accident injures the passengers onboard, those passengers may have a claim for negligence against the train operator and railway owner.
If the accident was caused by a defective or malfunctioning train or railroad part, then state product liability laws may also permit the passengers to sue those parties that manufactured, sold, installed, repaired or serviced the part.
Recoverable Damages
If a court finds that the negligence of the owner or operator of the railroad caused the train accident that resulted in injury or death, passengers or their family members may be able to collect money damages for expenses such as:
• medical expenses
• funeral expenses
• pain and suffering
• lost income
Depending upon state law, if an injury or death occurs because a railroad failed to follow state or federal safety regulations, a court may find that the railroad has strict liability for the injury or death. This means the victim does not need to prove the railroad was at fault.
Injured Railroad Workers
In addition to state laws and worker's compensation programs, the Federal Employers' Liability Act (FELA) also protects injured railroad workers. Enacted to improve railroad safety, FELA requires that an injured railway employee show that some act or failure to act on the part of the railroad caused or contributed to the injury sustained.
State worker's compensation laws, however, provide benefits for railroad employees without having to show the railroad was at fault.
FELA applies when an accident occurred in the scope of the injured worker's employment with the railroad, where the railroad is engaged in interstate commerce between two or more states, and when the railroad caused or contributed to the injuries. FELA allows an injured worker to recover damages for:
• pain and suffering
• loss of earnings
• medical expenses
• mental and emotional injuries, such as emotional distress.
FELA also provides for compensation for the survivors of a deceased railroad worker.
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