Serving Ohio, New York, and Pennsylvania Reviewing Train Accidents, Train Derailments,
Railroad Injuries, and FELA Injury Cases
Nationwide with Co-counsel

Frequently Asked Questions

Q: How large is the railroad system and what is the most important thing to understand if you have been injured in a railroad or train accident?

A: In the United States, there are approximately 200,000 miles of railroad tracks and more than 600 railroads. The Railroads have tracks that cross many road crossings which are only protected by "crossbuck" signs or other signs (also known as "passive" crossings). State laws vary on the responsibilities of motorists as they approach a public railroad crossing. This is why it is critical that you immediately consult with an experienced railroad attorney as well as an attorney licensed in your state. This will enable you to gain a FAIR understanding of both your responsibilities as well as the Railroads' responsibilities to you.

A RAILROAD CLAIMS AGENT OR AN ATTORNEY REPRESENTING THE RAILROAD THAT ATTEMPTS TO ADVISE YOU ON YOUR RESPONSIBILITES IS IN DIRECT CONFLICT WITH YOUR NEEDS FOR INDEPENDENT LEGAL ADVICE. YOU ARE AT RISK OF BEING MISLED OR MISGUIDED IF YOU ALLOW ANYONE TO INTERVIEW OR TAPE RECORD YOU WITHOUT FIRST CONSULTING WITH AN EXPERIENCED RAILROAD ATTORNEY AS WELL AS AN ATTORNEY LICENSED IN YOUR STATE THAT WILL REPRESENT YOUR INTERESTS.

It is important that you be comfortable with the attorney you are consulting and understand their background and experience in railroad law. Do not allow yourself to be pressured into signing any agreement with any attorney to represent you unless you have a full understanding of the attorney's background as well as an understanding from the attorney that he or she has a plan to move forward with your case and that the attorney has the ability to finance your case. These cases can demand numerous experts and large expenditures to be properly handled as they are complex by the very nature of the railroad industry.

Finally, certain evidence may need to be properly preserved which is why it is important to hire an experienced railroad attorney that can immediately begin steps to put the railroad on notice to preserve necessary evidence while all facts of the case are investigated and developed.

Q: I currently work for (or did work for) a railroad company and I was injured while I was on the job. I am now being pressured by my supervisor to not report my injury. What should I do?

A: You should immediately contact an attorney experienced in working with railroad FELA claims who will immediately work with you to insure your rights are protected.

Q: I have been hurt while working for the railroad and now I am being directed to a specific attorney to represent my legal interests. What should I do?

A: The decision to retain a particular attorney is an extremely important one. The choice of attorney is YOURS AND YOURS ALONE. You should not allow others to pressure you into choosing a particular law firm to represent you. If you do feel undue pressure it may be worth asking why the person feels so strongly about the law firm he is recommending. Is he recommending a particular firm because he has had a favorable and real first-hand experience with that firms' representation or is it because he plays golf with a particular lawyer? You should feel comfortable with the lawyer you choose to represent you. It is always reasonable to ask questions of prospective attorneys. Good attorneys will not be offended by this and in fact should welcome the opportunity to discuss their previous experience and successes. Some questions worth asking are:

• If I hire you will you be the lawyer personally handling my case from start to finish or will you assign my case to someone else?
• When was the last time you personally tried a railroad case before a jury?
• What are the strengths and weaknesses of my case? (You should question lawyers making promises of guaranteed outcomes).
• Will you provide me with your personal cell phone number so that I can contact you outside of your office hours?
• Will you have enough time to dedicate the necessary personal attention to my case? (You want to have a lawyer with a balanced caseload that allows him or her the necessary time to fully prepare for your case).
• What you is your experience with your firms' advertising such as television, back of phonebooks, and/or billboards being used by opposing counsel to influence jurors at trial? Is it possible that your advertising may potentially hurt my case at trial?

Q: While working for the railroad I was injured in a motor vehicle accident. I am being told the railroad is not responsible. What should I do?

A: This situation can raise complex legal issues involving, among other things, both the Federal Liability Employers Act (FELA) and automobile liability insurance issues. You should contact an attorney experienced in handling these types of cases immediately to ensure your legal rights are fully protected.

Q: Isn't it always the fault of a driver hit by a train because a train can't steer or stop like a car can?

A: No. It is well-established, but often overlooked, that the railroad corporations also owe a duty of care to the public. Without understanding facts about the railroad operations, track maintenance, AND the circumstances of the incident it is over-simplistic for any railroad claim representative to advise you on the fault of a collision. In addition, there are many documents such as event recorder downloads, video camera downloads, inspection reports, and time sheets that may reveal fault with the railroad. Unfortunately, the railroad will rarely, if ever, volunteer this information without being forced to do so through our legal system.

Q: What responsibilities does the railroad have to the motoring public and the public-at-large?

A: In general, the railroads owe a duty to operate their trains and maintain their rail systems in a safe manner. There are Federal guidelines that set forth the responsibilities of the railroads to maintain the rail system that traverses the United States and the locomotives that operate on the tracks. There are also standards of care the Engineer and Conductor must follow in operating locomotives and trains along the tracks.

Generally, most railroad companies separate these departments into the Maintenance of Way Department (for track maintenance), the Mechanical Department (for the maintenance of locomotives), and the Transportation Department (for the operation of the locomotives and trains). The safety of the public and the train crews are dependent upon many variables under the control of the Railroad Company including (i) the proper and adequate training of railroad personnel; (ii) the proper budgeting and allocation of funds to the Maintenance of Way department so that their employees safely maintain the tracks and slow trains down when tracks are not safe; and (iii) the proper budgeting and allocation of funds to the Transportation Department to make sure railroad crews are not overworked and under-experienced. Although the method of maintaining the rail structure, the servicing of locomotives, and the basic expected safe standards of operating locomotives and trains are generally the same across the country, State laws will vary on the responsibilities such as clearing obstructive vegetation from railroad property (also known as the "railroad right-of-way") and making sure railroad crossings are safe for the motoring public. Through our resources we co-counsel with Attorneys across the United States to make sure you get the proper legal advice on your State laws as well as the necessary experience in a highly complex field of law that can be as complex as the airline industry.

Q: What type of train accidents occur most often?

A: The majority of railroad accidents occur at railroad crossings. However, train derailments also occur and, in some cases, have tragically resulted in the release of toxic chemicals that have killed numerous individuals including train crew members and other innocent citizens due to improper maintenance of the rails or lack of proper staffing by railroad corporation management in making sure problems with the tracks are identified and timely repairs are timely performed or, if necessary, trains are slowed or stopped until repairs can be made. The Railroads are the foundation of this Country. However, the rail system, machinery, employees, and crews must be properly maintained and staffed as rail freight and usage continues to increase for both the safety of the citizens of this Country as well as the employees put at risk. It is a fundamental axiom that businesses be allowed to flourish in our democracy. However, cutting corners and putting profits over people is unacceptable if lives are put in jeopardy.

Q: What is considered to be "negligence" when it comes to train accidents?

A: This varies from state to state as different states require different responsibilities of railroads and the motoring public. For example, in Ohio railroads are required to clear obstructive vegetation from their property, for a specific distance from the roadway near the tracks so that motorists are able to see trains as they approach a railroad crossing. Some railroad companies go further and have internal standards of clearing vegetation regardless of what the state law requires. When railroad companies disregard or ignore their duties and responsibilities under the law and the policy of their company, they must be held accountable.

This requirement is equally important for the railroad crews operating in Ohio as their lives are jeopardized if they hit a gasoline tanker truck or other large vehicle. Railroads in Ohio have been found to be negligent for failing to properly clear vegetation in Ohio at railroad crossings after accidents have occurred. Other types of negligence may include failing to properly sound the horn, failing to properly maintain the track, exceeding track speed on poorly maintained track and failing to install lights and gates at a railroad crossing. This is why it is important to immediately speak with an experienced railroad attorney and licensed attorney in your state to make sure evidence is preserved and that you get independent and fair legal advice.

Q: How often do train accidents really occur?

A: Statistics show that in the United States, a train accident occurs approximately 90 minutes.

Q: What is the NTSB?

A: The NTSB is an abbreviation for the National Transportation Safety Board. The NTSB is a federal agency that investigates train accidents resulting in derailments. However, the NTSB generally does not investigate train accidents involving motor vehicles and this is why it is so important to immediately contact an experienced railroad attorney before evidence is lost or destroyed. In addition, it is not uncommon that the NTSB will not have completed its investigation until more than year after a train derailment occurs.

Q: What responsibilities must a vehicle driver abide by when it comes to stopping at the railroad tracks?

A: State laws vary. For example, Ohio does not have any statute that requires motorists to always "stop" at all passive (signs only) railroad crossings. Problems develop when railroads allow obstructive vegetation to grow near railroad crossings and fail to properly sound the locomotive horn as the train approaches the crossing. Laws will vary from state to state and the factual circumstances of the accident as well as whether the railroad disregarded a known risk can drastically change the responsibilities. This question can be properly answered by contacting an attorney experienced in railroad cases, who can make sure evidence is preserved and that you get independent and fair legal advice. In at least one state, if the railroad has committed conduct so outrageous that it is a conscious disregard for the rights and safety of the motoring public and a jury finds that conduct to be a proximate cause of the accident then the motorist may not be at all responsible for the accident. Therefore, it is important that you immediately consult with an attorney experienced in railroad law who can, depending upon your state, then consult with a local attorney.

Q: When it comes to railroad crossing protection, what are the general responsibilities of a railroad company?

A: If a railroad company fails to install proper equipment and warning devices at a crossing, improperly installs the warning devices or equipment, or fails to maintain such devices and equipment then it may be held responsible for any injuries or deaths resulting from that wrongful conduct.

Q: I've noticed that some railroad crossings lack certain features, such as alarms, gates, or flashing lights; why is this?

A: Railroad companies often try to ignore the fact that they make hundreds of millions of dollars in profits running their trains over tracks that they own that travel over public and private highways. Railroads often try to avoid their duty to provide reasonable safety at a crossing claiming that all warning devices should be funded primarily by taxpayers. However, Congress recently enacted legislation that allows people injured in train accidents to recover for the railroad's failure to install lights and gates at hazardous crossings where prior accidents have occurred, multiple track crossings, crossings with heavy rail traffic, crossings where there is not adequate sight distance to see a train while the vehicle is approaching the crossing, and crossings with school bus traffic. Historically, railroad companies have avoided many claims by arguing that federal law "preempts" the claim. Thankfully, Congress has now acted so that these arguments cannot prevent the public from obtaining redress for injuries or death caused by railroads. This is a new law and the railroads are actively attempting to gut its benefits. How it will eventually be applied by the courts is yet to be seen but it is important that attorneys experienced in railroad litigation make the arguments necessary to preserving the effectiveness of the law.

 

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