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Railroad Injury/FELA
- Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas
- Teens' Deaths Raise Questions Over Controlling Pedestrian Access to Train Tracks
- Fatal Commuter Train Crash in Belgium Apparently Due to Missing Automatic Braking System
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Firm News
- FRA and NTSB Cite Fatigue as Contributing to Railroad Accidents
Posted on 3/11/2010 - Attorney Discusses Legal Tactics Railroad Companies May Take in Court
Posted on 3/9/2010 - Attorney Takes CSX to Task Over Forcing Woman to Crawl Under Trains
Posted on 2/18/2010 - Attorney Discusses Norfolk Southern Train Derailment
Posted on 2/2/2010 - Attorney Examines the Battle between Amtrak and Railroad Worker Unions
Posted on 1/20/2010
Library
Railroad Injury/FELA
- Railroad Worker Mesothelioma/Cancers: Learn Where the Toxic Asbestos Was and When the Rail Companies Knew It Was a Problem
- CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.
- Here are some results from our railroad injury and FELA cases. After you've reviewed them, give our firm a call at 1-800-752-0042 for a free case analysis.
Railroad/FELA Injury Lawyers Use Safety Regulations Against Railroads, Including radio/dispatching regulations-This helps prove responsibility on railoads
In railroad injury cases representing workers, our FELA/railroad injury lawyers expend much effort investigating, along with our investigators, whether a railroad complied with pertinent federal or state safety statutes and regulations, that may apply to any circumstances of the client injury. Why? Violations mean the railroad cannot offer the worker’s contributory fault (think rule violations) nor must any “careless” or “negligent” conduct by the railroad be proven. Many times, these regulation violations are not obvious. If a failure in a train air brake system malfunctions, stopping a train, and if a conductor get hurt while inspecting the train brakes, when he trips over debris, is this a regulatory violation? Sure is, per many legal cases. The conductor was injured directly because of a safety appliance act malfunction of a train air brake system, but if a malfunction in the engine of the train (systems, controls, gauges, radio) causes the train to stop, and causes the conductor to investigate, this also can be a locomotive inspection act violation as well.
Also, if an injury arises from a violation of radio dispatch regulations, this regulation violation imposes strict liability on a railroad-meaning the proof of the violation is all the worker must prove-if the injury arises partly from the violation-no careless employer conduct must be proved, and then a jury must simply decide the full and fair compensation owed the worker. Also, worker contributory fault is not relevant so the railroad’s efforts to partly blame the worker become inadmissible against the regulation violation. Technically the radio dispatch regulations fall under the safety appliance act statutes/regulations.
Read just how these issues are explained in an actual legal brief filed in a case involving a head on collision of two trains, and our argument that railroad dispatcher radio regulatory violations caused the worker injuries and therefore worker “company rule” or railroad rule violations were irrelevant as the main cause was the regulation 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, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.
Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the Northeast North Carolina (NC) border, practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's Virginia website is: hsinjurylaw.com, and North Carolina site is: http://Carolina.HSInurylaw.com/ and our injury firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.
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Case Results
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Railroad Injury/FELA
- Shoulder Injury requiring surgery for Locomotive Engineer
- Locomotive Engineer with Shoulder and Knee Injuries
- Railroad Conductor gets back injury due to fall in ballast depression
- Railroad conductor/back injury-surgery/Safety Appliance act Violations
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
FAQs
Railroad Injury/FELA
- What does Statute 51 of the FELA actually mean?
How is the FELA different from, or similar to, workers compensation?
- I was just diagnosed with cancer or mesothelioma. No one ever told me before that it was connected to railroad work I did many years earlier. Can I still bring a railroad injury or disease claim?