Railroad Accidents and Injuries

Statistics show that a train accident occurs in the United States every 90 minutes. Scary thought, is it not!

If you or someone you love has been seriously injured due to a railroad accident or incident; or if you have lost someone due to a railroad accident or incident, please contact our office for more information.

The Federal Railroad Administration (“FRA”), www.fra.dot.gov reports that in the first six months of 2008, there were nationally a total of 5,947 railroad accidents/incidents with a total of 367 fatal accidents/injuries or 6.17% (391 total fatalities); with 3,990 non fatal conditions.

In the great State of Montana, for the first six months of 2008, there were 89 total accidents/incidents; with 4 fatalities and 3 fatal accidents/incidents or 3.37%; with a total of 55 non-fatal conditions.

So as you can see from the statistics above, railroad accidents occur more frequently than we are all aware.

When railroad accidents/incidents occur, a railroad representative will try to say that it was due to the fault of the motorist. However, you as the victim need to seek advice from independent legal counsel. The following questions need to be asked so that information can be evaluated fairly:

• Was the train’s black box retrieved;
• What was the speed of the train;
• Was the horn sounding;
• Ask to see the employee time reports; and
• Ask to see the daily track inspections.

Railroads are required to comply with state and federal laws, rules, and all regulations in regards to both employee and public safety. They are responsible for providing reasonable care for the safety of the public as well as their employees.

Not all railroad crossings are protected with flashing lights and gates. Most have only what is called passive crossings, with only signs posted. Some of the more dangerous conditions are:

• View is obstructed;
• Multiple tracks;
• Records of Multiple accidents; and
• Heavy school bus traffic.

Railroads need to be held accountable for the consequences that happen when they choose to ignore the unsafe conditions that may arise.

Other Areas of Practice

Automobile Accidents and Injuries
Bad Faith Insurance and Denied Benefits
Commercial Litigation
Construction Site Injuries
Federal Employees Liability Act
Large Scale/Environmental Pollution Litigation
Nursing Home Negligence
Personal Injury
Product Liability
Professional Liability Malpractice (Medical Malpractice)
Railroad Accidents and Injuries
Securities Litigation
Wrongful Death

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