 |
 |
 |
 |
 |
 |
 |
 |
AREAS OF PRACTICE
 Auto / Car Accidents
Catastrophic Accidents
Medical Malpractice
Motorcycle Accidents
Nursing Home Injuries
Personal Injury
Product liability
Real Estate
Train Accidents
Trucking Accidents
Workers' Compensation
Wrongful Death
|
The train / railroad crossing accidents claims and settlement
attorneys at the Eschmann & Pringle P.A.
are dedicated to serve their clients in Kansas, including the cities of Topeka, Lawrence, Eudora, DeSoto, Manhattan, Wamego, Junction City, Abilene, Salina, Emporia, Council Grove, Lyndon, Osage City, Ottawa, Paola, Burlingame, Burlington, Seneca, Sabetha, Marysville, Hiawatha, Holton, Lenexa, Olathe, Kansas City, Overland Park, Leawood, Merriam, Shawnee, Gardner, Atchison, Lansing and Leavenworth, and the communities that make up Shawnee, Douglas, Jefferson, Jackson, Wabaunsee, Pottawatomie, Geary, Riley, Dickinson, Saline, Morris, Lyon, Osage, Coffey, Franklin, Miami, Johnson, Wyandotte, Leavenworth, Brown, Nemaha, Marshall, Doniphan and Atchison counties.
|
|
|
 |
Train Accidents l Frequently Asked Questions
_________________________________________________________________
|
Accidents: Vehicle/Pedestrian Crossings
Railroads have a duty to persons at crossings. While trains generally have right of way, railroads must exercise care when their lines cross roads. Railroads meet this requirement by erecting crossing barriers, posting signs or guards, and maintaining any protective or warning devices. Train engineers are also required to slow down to avoid accidents and to sound their horn to warn any vehicles or pedestrians in their path.
Persons killed or injured by a train at a crossing may claim that the railroad was negligent in exercising this care. In technical terms, they must show that the railroad owed them a duty. This exists when the railroad owns the property where the tracks are located. As the property owner, the railroad is responsible to ensure visibility and alleviate any conditions that make the crossing dangerous. The state or federal agency controlling the road at the crossing may also have a duty. The advice and participation of an experienced attorney can be invaluable in determining whether a duty and therefore negligence can be shown.
Accidents: Passenger Accidents and Derailments
Passenger railroads are required to provide transportation to anyone who pays the fare, and are therefore common carriers. As common carriers, they have an obligation to protect their passengers and warn them of any known hazards. They must also protect passengers from potential danger while embarking or disembarking, between railroad cars, and within their train compartments. In addition, railroads are required to protect passengers from injury by third parties (such as other passengers) while in their care.
Railroads are also liable for injuries or deaths caused by derailment. While these accidents are rare, when they do occur they can cause catastrophic injuries to passengers and those nearby. In these cases, courts judge the railroad’s responsibility under negligence law, and apply standards similar to crossing accidents.
Accidents: Worker Injuries
Railroad workers are covered by the Federal Employers Liability Act (FELA). FELA is based on the principle of fault, rather than the no-fault basis of state worker’s compensation laws. An injured worker must therefore show that the railroad’s negligence caused his or her injury in order to receive compensation. FELA places specific duties on the railroad. If it fails to develop and enforce workplace safety rules, provide a safe workplace through inspection and maintenance, and give its employees adequate time and equipment to maintain safety, then it can be found negligent and therefore liable for injuries.
To make a successful FELA claim, a worker must meet the following requirements:
- He or she must have been injured in the course of his employment with the railroad while performing his or her duties;
- The claim must be filed within three years of the date of injury;
- The railroad must be engaged in interstate commerce, and;
- The railroad must be shown to be negligent.
A successful FELA claim may entitle the worker to damages for past and future pain and suffering, disability, medical costs, and lost earnings. Negligence resulting in death can trigger additional benefits. FELA also covers occupational hazards and long-term conditions such as hearing loss, asbestos exposure, arthritis, and any worsening of a pre-existing condition caused by work.
Thousands of people are injured on and around trains every year. The issues of fault and negligence introduce complex issues of law into the recovery of damages for these injuries. The advice of a personal injury attorney with experience in railroad cases can be vital to your claim and the recovery of damages.
|
>>> Back to Top
|
DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
Copyright © MMVII JAKOBIE |
| If you would like to schedule a free initial consultation contact a Kansas train / railroad crossing accident attorney , representing clients in Lawrence, Kansas at the Eschmann & Pringle P.A..
Give us a call at (800) 952-0566 or email us at info@echmannpringle.com. |
|
