Reviewing Train Accidents, Train Derailments,
Railroad Injuries, and FELA Injury Cases
Nationwide with Co-counsel
Railroad Taxi Injuries
Virtually all railroad conductors and locomotive engineers have experienced the anxiety of being transported at night, in a van operated by a complete stranger, over long distances in heavy traffic or poor weather
conditions. This practice, known as deadheading, is something that is commonly present for today's railroad
worker.
Occasionally railroads provide their own driver but, more commonly, railroad corporations have hired outside cab companies to drive their employees to other terminals or somewhere to sleep and allow for federally mandated rest between shifts. (Although the railroad often calls these vehicles "limo's" they bear no resemblance to what drove you to your wedding.)
Just as the law recognizes the railroads' right to make the business decision to contract these jobs out,
fortunately, federal law also mandates that the railroad has a legal obligation to provide its employees with
a reasonably safe place to work. The railroad cannot shift this responsibility to third parties such as these
cab or "limo" companies. This is because the railroad's legal duties under the Federal Employers Liability Act
are non-delegable.
If you or someone you love has been injured or killed in a "deadheading" accident do not accept any representation that may be made to you to the effect that the railroad is not responsible for the acts or omissions of the taxi company or its drivers. If the taxi company is involved in an operational activity of the railroad (for example, transporting "outlawed" employees (employees who have exceeded the Hours of Service Act) back to their home terminals, then any carelessness on the part of the taxi company or its driver is the responsibility of the railroad. It is our experience that the railroad will not willingly accept this responsibility and it will go to great lengths to come up with arguments in an effort to avoid its obligations under the FELA.
Some arguments by the railroad that we've encountered include the following:
The injured worker had exceeded the hours of service she was no longer on duty and, therefore, is not covered
under the FELA;
The railroad had no direct control over the actions of the driver at the time of the crash and, therefore,
it shouldn't be held accountable for those actions;
The contract between the taxi company and the railroad provides that the taxi company was to take out insurance
to cover such injuries and, therefore, the railroad has no further responsibility; and
The employees chose to be transported back to their home terminal rather than stay on a locomotive following
a "critical incident" (for example, a crossing accident) and, therefore, were no longer in the scope of their
employment and not covered by the FELA. There are a host of other arguments that the railroad may use to avoid
its responsibility. Of course, even when these arguments are exhausted, the railroad will fall back on the
argument it invariably raises - blame the injured worker.
For a true life example of this you need go no further than a trial where Brian Reddy represented an injured
locomotive engineer, Richard Staychock, in Buffalo, New York. Richard was an experienced engineer who was being
driven on the New York State Thruway at night in a snow storm. The van driver was not paying attention and
missed the proper exit. Instead of continuing on to the next exit, the van driver hit the brakes and started reversing towards the exit ramp he missed. As Richard watched what was unfolding he looked out the window and, in the distance, was shocked to see the lights of a large vehicle approaching them. The van driver then maneuvered the back of the van in a straddling position across the oncoming traffic lanes in an ongoing effort to get back to the exit ramp.
In the seconds that elapsed, Richard continued to watch the headlights approaching and decided the safest thing for him to do would be to get out of the van as quickly as possible and avoid an impending broadside collision. When Richard opened the side door to jump out and run, the van driver quickly hit the gas pedal and Richard was thrown face first to the ground. Luckily, Richard was able to crawl to the side of the road just in time to avoid being run over by the large approaching vehicle which turned out to be a semi tractor trailer. Richard suffered facial and dental injuries requiring surgery. Despite these facts the railroad denied any responsibility for the actions of the van driver, or "limo driver" as coined by the railroad, and the van driver claimed that Richard was the one to blame for not remaining in the van with his seatbelt on.
Shortly before Richard's trial, and during trial, the railroad offer settlements that Brian Reddy and Richard believed were unsatisfactory and a jury was asked to decide the facts and damages. The jury returned a favorable verdict for Richard exceeding the prior offer settlements.
To ensure your interests are protected it is vital that you consult with a competent attorney who is knowledgeable
of the many issues that arise in these complex cases. An Attorney with experience litigating such cases and successfully bringing railroad cases to jury trial is part of the decision process all victims should carefully consider when hiring an experienced railroad attorney. The lawyers at Reddy Baran & Kral are experienced; they understand these issues and have a track record of success in guiding and educating clients through these complex cases so that you are fairly treated.
We pride ourselves on our availability to assist injured workers no matter what the day or time. You can call us anytime for a no obligation, no pressure consultation. We limit the number of cases we take so as to provide each case the attention it deserves. If we take your case it will be handled directly by one of our experienced partners who will be available throughout the litigation process to update and advise you on the progress of your case. When cases are taken, any decision about whether to accept a settlement offer or proceed to a jury trial is entirely the right of our client. Of course we will explain, advice, and guide you throughout the process in reaching a fair result.
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