Railroad Injury FELA Injury Lawyers Use Safety Regulations Against Railroads

Virginia (VA) Railroad Accident/FELA Lawyers
Offices in VA Beach, Hampton & Elizabeth City, NC

While representing railroad workers in injury cases, our FELA lawyers expend great effort investigating, along with our investigators, whether a railroad complied with pertinent federal and state safety statutes and regulations that may apply to any circumstances of the client injury.

Why?

Violations of those rules mean the railroad cannot make a case for its reduced liability by arguing the employeer's contributory fault. Further, regulatory noncompliance means the worker plaintiff does not need to prove any careless or negligent conduct by the railroad in order to succeed in his or her claim.

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Many times, regulatory violations are not obvious. If a train air brake system malfunctions and stops a train suddenly and without warning, for instance, then a conductor gets hurt while inspecting the brakes becuase he tripped over debris, is that a regulatory violation? Sure is. As established in many federal lawsuits, the conductor's injuries would be determined to have resulted from a safety appliance malfunction. The rail operator would be held liable under the railroad Safety Appliance Act.

Likewise, if the train engine, controls, gauges or radio communication system failed, and an engineer is injured as a result of the malfunction, the accident could be litigated under the regulatory framework of the Locomotive Safety Inspection Act.

Also, if an injury arises from a violation of radio dispatch regulations, the railroad has strict liability. This means all the hurt employee needs to do to make his or case against the company is provide proof of the violation and link that violation to the injury. No careless employer conduct must be proved. A judge must simply decide the full and fair compensation owed the to worker. The worker's contributory fault would not be relevant, so the railroad's efforts to partly blame the employee for his her wounds and disability become inadmissible.

Technically radio dispatch procedures fall under the Safety Appliance Act.

The following legal brief for a case involving a head-on collision of two trains presents our explanation of railroad violations of safety regulations. It also lays out our argument that railroad dispatcher radio regulatory violations caused the injuries to our client and that, therefore, the company's own rules for worker job performance were irrelevant. The main cause was the regulatory violated by the other railroad employee.

Click here to read the brief outlining railroad radio dispatch regulation violations by a railroad.

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.

We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

Virginia Beach, VA Personal Injury Attorneys
Virginia (VA) Personal Injury Lawyers
Specializing in Virginia Wrongful Death & Injury Law

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Railroad Injury FELA Injury Lawyers Use Safety Regulations Against Railroads