The Kipness Law Firm, P.C


Q: Who can bring a claim against a railroad company?

A: Passengers, pedestrians near railroad tracks, drivers of automobiles involved in accidents with railroads, and employees of railroads can bring claims against a railroad company.

Q: What is responsible for an accident at a railroad intersection?

A: Depending on the facts of the accident, a claim may be made against the railroad company, the city, or state where the accident occurred.

Q: Is there a claim available for a passenger of a railroad?

A: Yes.  Railroad companies are required to use car for the safety of its passengers, including maintaining safe areas for boarding and departing the trains.

Q: Can employees of railroad companies bring claims for work related injuries?

A: Yes.  The Federal Employees Liability Act (FELA) allows for railroad employees to bring claims against railroad employers if the injury was caused by the negligence of the railroad, its workers, contractors, or agents.  Depending on the accident, the injured employee may recover lost earnings, payment for medical bills and future medical care, and compensation for pain, impairment, disability, and disfigurement.

Q: What should I do if am an employee injured while working for railroad company?

A: Report the accident to your supervisor as soon as possible.  In filing out a written report, you should ensure the information is accurate and truthful and note things such as how and why the company is at fault, was the accident caused by an unsafe condition, defective equipment, lack of tools, or not enough help.  After submitting the report, normally you are not required to give a recorded statement. Before giving a statement, you should contact an attorney.

Q: If a person dies from a railroad accident, can a claim still be pursued?

A: Yes, under a wrongful death statute a claim can be pursued by spouses, children, and parents of the deceased.

Q: What types of compensation can I receive for a railroad accident?

A: You can receive compensation for lost  wages, medical bills, future medical care, loss of earning capacity damages, pain, mental anguish, disfigurement, and impairment.

Q: What should I do if I am involved in a railroad accident?

A: Call the police and if necessary, get medical treatment.  Then you should take any pictures of your injuries, the accident scene, and get the names, addresses, and telephone numbers of any witnesses. You should also contact a railraod accidents attorney.

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