Tallahassee Railroad Accident Attorneys
Although train travel is much safer than other modes of transportation, an accident can draw much public attention because the results can be catastrophic. Suppose you have been injured while traveling or working on a railroad. In that case, you may be entitled to compensation for your medical expenses, lost wages, and other damages in a personal injury claim.
If you or a loved one were injured as a result of the actions of a railroad employee or a train collision, then you will need help through the legal process of obtaining compensation for your personal injury or wrongful death. Fasig | Brooks is a respected, reputable personal injury law firm in Tallahassee that can help you. Call now to speak to one of our lawyers about your personal injury or wrongful death case.
What Causes Railroad Accidents?
Although all railroad disasters are unique, they are most commonly caused by negligence, recklessness, or human error.
Human error, lack of experience, and extreme fatigue can lead to injurious or fatal mistakes. The Federal Railroad Administration reports that 38% of railroad accidents are caused by human errors. When conductors fail to enforce or comply with safety measures, then others can get hurt. Our lawyers exhaust their resources investigating your claim to find out if the conductor, train operator, or other crew members are responsible for the tragedy.
Mechanical failures are often the result of a company’s negligence in regularly servicing its tracks or trains to ensure they are working in optimal condition. Failure to notice and resolve a safety issue could lead to a dangerous accident.
Vehicles On The Tracks
Most people assume that if there are no flashing lights or guard gates coming down, then they are clear to cross railroad tracks. Some railroad crossings only have Yield signs, making the driver responsible for stopping and checking for a train. The majority of railroad crossings in the US do not have flashing lights and gates to warn drivers of an oncoming train. The railroad companies, however, are quick to blame victims for deliberately and illegally ignoring safety signals and barriers and trespassing on the tracks.
There were 1,241 derailments in 2014 in the US. Since the vast majority of US trains carry freight rather than passengers, derailments do not typically affect civilians. When train companies cut corners to increase their profits at the expense of safety, they need to be held accountable.
Derailments are often caused by track problems due to deterioration, settling, shifting, and overturned rails. Freight trains traveling with heavy loads of coal are less likely to derail than empty train cars. Faulty brakes are also to blame for derailments, particularly when a train is parked on an incline. Train companies are often criticized for not putting enough money into increasing safety onboard trains and at train stations and railyards.
Who Is Liable for a Train or Railroad Accident?
You have the right to file a personal injury claim under Florida state law or under the Federal Employers Liability Act if you were injured in a railroad accident. Passengers in a railroad accident in Tallahassee, FL can file for damages from the liable party in a personal injury claim. However, railroad workers are protected under the Federal Employers Liability Act (FELA). Under this law, injured railroad workers or their families can file for compensation if they develop an illness, suffer an injury, or are killed on the job.
The railroad company is liable for railroad worker injury resulting from the company’s negligence. The railroad company can be held liable if your injury lawyers prove that the company failed to act in a prudent and reasonable way and that their negligence and oversight resulted in your injury and suffering.
Your damages are not paid by the company directly but by their insurance company. Most likely they will be working with a law firm to help them reduce their liability so they do not have to pay optimal compensation to you. That is how insurance companies save money. Our Tallahassee personal injury law firm has resolved complex legal issues and claims for injured railroad workers and passengers.
Damages In Personal Injury Claims
The lawyers at Fasig | Brooks fight hard for you to receive compensation for your medical expenses, lost wages, future lost earning potential, and other out-of-pocket expenses. You may also receive noneconomic damages for your pain and suffering, particularly if you suffered paralysis or nerve injuries, loss of digits or limbs, traumatic brain injuries, multiple fractures, deep lacerations, and spinal cord injuries.
Your attorney will use invoices, receipts, medical records, and other documents to prove your financial losses. To prove your non-financial losses, which are much harder to quantify, you need to prove that the incident had emotional and psychological consequences. Your friends, family, colleagues, or employer can submit letters testifying to the changes they have seen in you since your injury. Evidence of physical symptoms associated with your emotional injury can also be submitted, such as panic attacks, weight loss or gain, headaches or sleep issues.
How Can an Attorney Help You?
Your attorney builds your case by investigating what happened and collecting evidence that proves who is to blame. Evidence can come from onboard video footage, event data recorder (EDR) devices, dispatch records, maintenance records, incident reports, radio communications, and rail profiles, among others. We invite expert witnesses who are authorities on railroad safety, maintenance standards, and train wrecks to explain to the judge or jury about how accidents similar to yours occur.
Fasig | Brooks is a multidisciplinary law firm that combines technical and legal knowledge to get our clients the compensation they deserve. Our greatest asset is our lawyers, whose aptitude for solving complex legal issues has helped injured railroad workers receive compensation in Tallahassee personal injury claims. Call 850-777-7777 now to schedule your risk-free, personalized case evaluation at our Tallahassee office with one of our experienced personal injury lawyers.