Blog 
Auto Accidents
General Personal Injury Claims We Handle
- One of our own attorneys is featured in Virginia Lawyers Weekly again.
- Nanotubes Connected to Lung Cancers-New Article Posted
Trucking/Tractor Trailer Accidents
General
Practice Areas
- Auto Accidents
- Railroad Accidents, Occupational injuries/diseases
- Traumatic Brain Injuries
- Wrongful Death Claims
- Surgical Errors, Medical Malpractice
- Trucking/Tractor Trailer Accidents
- General Personal Injury Claims We Handle
Firm News
- Surgeon sues his own Spinal Surgeon for Medical Malpractice, Alleges Back Surgery Medical Negligence
- Single-Vehicle Tanker Trailer Crash Kills One
- Teen Driver Killed by Garbage Truck
- I-81 Tractor Trailer Accident
- Two Williamsburg, Va., Teens Killed in Crash
- John Cooper is Elected Chair of the Railroad Law Section of the American Association for Justice
- Trucker Health Problems Could Cause Collisions
- Truckers: Know your English or Pay the Fine
- Toxic Heavy Metal in Chesapeake, VA Water?
- The Jere Beasley Report – June 2008 “Jury returns verdict of $8,000,000 for seaman”
Library
Auto Accidents
- High traffic and bad driving cause headaches and accidents
- Road Fatalities Fall as Gas Rises
- Hazardous Road Conditions in Chesapeake, Virginia (VA) Seriously Injuring Motorists
Railroad Accidents, Occupational injuries/diseases
- Train Accident in Massachusetts Caused by Speed and Possibly Cell Phone
- The Higher Duty Owed by Railroads
- What Not To Do In A Railroad Accident
Traumatic Brain Injuries
- Head injury: forgotten trauma
- Spinal cord injuries are frightening.
- Hurrican Katrina: Seventeen Months and Counting
Wrongful Death Claims
- Having A Good Support Staff Is Key To Being A Strong Personal Injury And F.E.L.A. Law Firm
- Confidentiality Agreements Keep Information About Personal Injury Settlements From The Public
- Videotaping Lay Witnesses Can Be A Powerful Settlement Tool In Personal Injury And Death Cases
Surgical Errors, Medical Malpractice
- BREAST IMPLANT CASE WINS SUPREME COURT APPEAL
- Five Tips for Choosing a Cardiologist
- Stroke Symptoms & Diagnosis
Trucking/Tractor Trailer Accidents
- FMCSA Hours of Service Regulations
- Six Things You Must Remember if You're in a Truck Accident
- Top 10 Causes of 18-Wheeler Accidents
General Personal Injury Claims We Handle
- INSURANCE COMPANIES CONTINUE TO OVERCHARGE CUSTOMERS AND UNDERPAY CLAIMS
- North Carolina's Court System
- Boating accidents and injuries in Hampton Roads, Virginia (VA)
Co-Counsel
Firm Newsletters
General
The Higher Duty Owed by Railroads
Railroads owe their passengers a heightened duty of care. Typically, two people passing on the street only owe each other a “duty of reasonable care.” This means that we owe each other a duty to act reasonably to make sure that the other person doesn’t get injured. This duty applies to drivers on the road, doctors performing surgery, and landlords repairing parts of their buildings.
But railroads are part of a special class of people called “common carriers.” This class includes railroads, airplanes, taxis, etc., and requires that they exercise extreme caution and diligently guard against dangerous conditions. In most cases, even the smallest level of fault on the part of a railroad results in legal liability if the passenger is harmed. This is true even if the injury was partly caused by another party.
Duty to Passengers
As a passenger, you’ve purchased a ticket to ride the train to a certain destination and you have a right to expect that you’ll be safe during this journey. This doesn’t mean that the railroad has to absolutely guarantee your safety under any and all circumstances. If some unusual or unpredictable event occurs that causes harm to the passengers, it may be that the railroad had no duty to guard against the possibility. But, under most ordinary circumstances, the railroad has a duty to protect you.
The railroad owes its passengers a duty to carefully operate, inspect, and maintain their equipment. All of their engineers and anyone operating railroad equipment must be properly trained, professional, and cautious.
Particular caution must be taken by the train to protect you when you’re getting on or getting off of the train. This means that the doors, handrails, steps, etc., must be safely designed and properly maintained so that you can exit safely. Proper brakes must also be in place so that the train doesn’t lurch forward while passengers are in the process of exiting.
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Quick Contact
Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455
Toll Free: (800) 752.0042
Phone: (757) 460-7776
Fax: (757) 460.3428
Case Results
Auto Accidents
- Pedestrians Stuck by Automobile Recover $540,000.00
- Chronic Myofascial Pain Syndrome brings verdict of $170,000.00
- Crosswalk Accident With Broken Leg Settles For $227,000.00
- Soft Tissue Injuries Caused by Auto Accident
- Serious Auto Accident Causes Death of Infant
Railroad Accidents, Occupational injuries/diseases
- Railroad-Roadway Crossing Accident - Car Passengers Injured
- FELA
- AMTRAK ENGINEER SETTLES WITH AMTRAK AND CSX OVER DERAILMENT
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
- Shoulder Injury requiring surgery for Locomotive Engineer
Surgical Errors, Medical Malpractice
- Gallbladder Surgery Error
- Medical Negligence
- Pharmacy-Prescription Error
- Gastric Bypass (stomach stapling) Surgery complications
- Retained Surgical Sponge and Subsequent Complications
Trucking/Tractor Trailer Accidents
- Collision Between Two Big Rigs Creates Fireball
- Automobile Accident Causing Coma and Paralysis
- Virginia Automobile Accident
- MACK truck wreck causes leg fractures
- Automobile wreck with drunk driver causes connective tissue injury
General Personal Injury Claims We Handle
- Department Store Shelf Falls on Customer
- Pilot Suffers Electrical Shock Injury At Hotel Ending Commercial Pilot’s Career--Settlement Soon Before Federal Court Jury Trial
Other
- Hotel Guest-Glass Coffee Carafe Shatters-Hand Injury
- Faulty Product - Fiberglass Stepladder Failure
- Skiing Accident
FAQs
Auto Accidents
- What should I do if I am involved in a car accident?
- I was in a car crash. How quickly do I have to find an attorney and file a lawsuit?
- What is the minimum car insurance I'm allowed to carry in my state?
- What is uninsured and underinsured motorist coverage and why should I think about having it?
- Does my state have a primary enforcement law for seat belts?
Surgical Errors, Medical Malpractice
General Personal Injury Claims We Handle
General
- Do I really need a lawyer?
- Can I afford to get into a lawsuit?
- How long will the whole process take?
- What if I do not want to go to court because I am getting nervous about testifying?
- How much am I likely to recover when in court?