Tuesday, October 21, 2008

A Close Look on Railroad Accidents

Reports of railroad accidents have been increasing these past few years. Still, millions of people in the United States ride trains every day.

Statistics show that there are approximately 3,000 train accidents every year and that 1,000 people die as a result of these accidents.

In 2007, according to the Office of Safety Analysis of the Federal Railroad Administration, there have been a total of 13,187 railroad accidents and 6.04% of these accidents or 797 are fatal. Deaths that resulted from the accidents reached a number of 851 and the injured were up to 8,960.

And from January to May 2008, there were 4,875 railroad accidents recorded, 309 fatalities and the total number of injured were 3,223.

In Los Angeles County, a total of 2,334 railroad accidents were recorded from 1998 up to 2007. The total number of fatalities were 134 and 1,839 were injured.

Causes of Railroad Accidents

These are some of the most common causes of railroad accidents:

• Human error
• Negligence
• Derailment
• Use of drugs or alcohol intoxication of a train or railroad employee
• Bridge collapses
• Faulty train track or rail inspection
• Explosions on board
• Defective railroad crossings and highway rail
• Collision with another train
• Inadequate train security
• Collision with a bus or car
• Operator fatigue
• Inadequate train controls
• Inappropriately maintained tracks
• Miscellaneous causes
• Signal defects
• Equipment defects
• Waste materials or hazardous chemicals
• Improper switching
• Failure to use locomotive horns
• Unguarded railroad crossings
• Excessive speed by the train operator
Federal Employers Liability Act (FELA)

The United States Congress passed an act to protect and compensate who are injured while on the job. This is known as The Federal Employers Liability Act or FELA.

FELA was not created to be granted automatically to an injured railroad worker. It requires the injured worker to show or to prove that the railroad company was the party legally negligent. Such negligence must also be the cause of the accident that resulted in the injuries of the passenger. If negligence is proved, full compensation is entitled to the injured railroad worker.

FELA is a complex law and it is advised that a railroad worker who was injured because of a railroad accident to consult an experienced Los Angeles railroad accident lawyer in order to protect their legal rights.

Many factors contribute in railroad accidents. There are also a lot of people that can be held liable for the injuries, pain and suffering, or loss of income.

It is the duty of railroad companies to maintain the train and tracks, but car and truck drivers also have the duty of obeying the laws. Even the railroad workers and the people who ride on trains have the responsibility in following safety regulations so it would be difficult to determine the person/s responsible for the accident.

In proving who is liable in these cases, the help of Los Angeles railroad accident lawyers are needed. These competent lawyers will aid you in the difficulty of the situation, assist you in legal matters and help you get back on your feet.

This article is originally writen by Kamille Pagibigan

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