Trains have been in America since the 1830's, offering faster methods of transportation to an ever expanding country. Trains were seen as an act of shear brilliance as it allowed not only goods to be transported much more efficiently, but it allowed people the opportunity to travel like they have never experienced before. According to the Federal Railroad Administration, there are an estimated 1,000 reported fatalities as a result of train accidents; with over 3,000 instances occurring every year in the United States. Many people choose to use trains as an alternative method on their daily commute to work or as a means to save a little gas when traveling long distances, and freight trains are commonly used for various reasons in order to transport large cargo across the country. Whether a worker or an employee, the dangers aboard a train are very real and in the event of an accident, the results could be deadly. Here are some of the causes of train accidents today:
Both passengers and workers on trains are at risk of injury, and in many cases these injuries can be serious if not fatal. In the event of an injury, you could be forced to spend excessive funds on your medical bills, suffer from lost wages due to your time off of work, and potentially even deal with the fact that you may never be able to return to your occupation because of the severity of your injuries. In the event of a train accident for a passenger on board, you may be able to pursue a personal injury claim for negligence against the responsible parties. Whether the accident was caused by product failures, or driver errors, etc. With the help of a San Fernando personal injury lawyer you will have the opportunity to seek compensation for your pain and suffering and injuries from the accident. The parties that may be held responsible for an accident include the owner of the railway, the product manufactures, or those who sold, installed or worked on service repairs for the train.
Under the Federal Employers Liability Act (FELA), railroad workers are protected in the event of an accident and subsequent injury. This act was established in 1908 as a means to protect and financially help those who were harmed on the job; requiring more strict guidelines for safety as well as holding the employers responsible. FELA holds employers accountable in the event of an act of negligence or failure to act on behalf of their workers that then caused them to be injured. Under this act within certain parameters, workers' compensation is also available to all injured workers without them having to prove the negligence of the railroad. There are exceptions that will result in the employee having to prove negligence, particularly if they expect to receive greater compensation than offered. As a part of benefits from the compensation, these expenses are to help with medical costs in the present and future, pain and suffering, loss of wages and future loss, etc. FELA also offers compensation for those who are victims that survived deadly accidents after having lost coworkers.
The Federal Railroad Safety Administration Office of Safety Analysis, in 2012 there were a total of 10,607 train accidents throughout the country. These accidents resulted in the injury of 7,818 individuals (including both passengers and employees), and 715 fatalities. The leading causing for these tragic disasters were an estimated 37% due to human factors, 11% equipment defects, 32% track defects, 2% signal defects and 15% miscellaneous. In the event that you are a victim of one of these horrifying accidents, do not wait another moment before contacting The Law Offices of Gerald L. Marcus for the train accident attorney you deserve to have on your side.
At our firm, we will do whatever we can in order to represent your case and prove the negligence of the parties responsible. With over 30 years of experience at our office, we can offer you the educated and tactful representation that you need to prove your claim. Far too many people are suffering in train accidents, and whether you are an employee or a common passenger, our firm is equipped to help you fight for the monetary compensation that is rightfully yours! We are available 24/7 for legal services, so do not be afraid to contact us at any time with your inquiries.