The Federal Employers’ Liability Act (“FELA”), 45 USC § 51, et seq., is a humanitarian statute intended to protect railroad workers from unsafe conditions and practices associated with their occupations. Its purpose has been interpreted as to adjust and allocate the cost of work-related injuries, an inescapable expense of the railroad industry, between the worker and the railroad. Sinkler v. […]
OVERVIEW OF THE FELA
Do Railroad Office Workers Have FELA Rights?
Yes, to give the briefest and clearest answer. Any employee of a railroad corporation that engages in interstate commerce has coverage for work-related injuries and occupational illnesses under the law formally known as the Federal Employers Liability Act. LEARN MORE Retired Railroad Workers Can File FELA Claims Are There Damage Limits Under FELA? FELA was enacted in 1908 to protect […]
Why You Need an Experienced Railroad Derailment Lawyer When You Suffer Injuries or Lung Damage From a Train Wreck
No one can feel completely safe when a train goes off the tracks. “Train wreck” did not become shorthand for a disastrous situation for no reason. As Virginia-based railroad injury lawyers for going on 40 years, we have seen firsthand some of the worst results from train derailments. We helped several victims of the Norfolk Southern chemical train crash in […]
What Duties Do Railroads and Landowners Have to Prevent Crashes at Private Crossings?
More than 6,700 miles of railroad track exist in Virginia, and those tracks cross thousands of driveways, business lots and private roads. Nearly every one of those private railroad crossings lacks the flashing warning lights and automatic gates drivers, bike riders and pedestrians have grown to expect on public roads and highways. In fact, a majority of private railroad crossings […]
Rail Accidents Have Declined 55% in Montana in Past Decade
Railroad accidents, derailments and fatalities have declined in Montana and other parts of the country in the past 10 years, according to data from the Federal Railroad Administration. The FRA reports that the decline is a reflection of efforts to enhance safety and by efforts in Montana specifically to communicate better with federal regulators, and to detect any trends. According […]
Amtrak Train Crash Kills 2 and Injures 116 in South Carolina
An Amtrak train traveling from New York City to Miami slammed into a freight train in the early morning hours of Feb. 4, killing at least two people and injured 116 others. Thousands of gallons of fuel also were spilled. Amtrak stated that the train was carrying eight crew and 139 passengers when it struck a CSX train near Cayce, […]
DOT Urges Railroads to Implement Automatic Braking By End of 2018
The Department of Transportation stated this month that railroads must act urgently to meet a Dec. 31, 2018 deadline to adopt automatic braking technology. Transportation Secretary Elaine Chao made the statement in a letter she sent to 47 of the nation’s railroads in early January. Chao’s urgent call to action came a few weeks after an Amtrak train derailed Dec. […]
NTSB Finds Amtrak Flaws Led to Fatal PA Train Crash
Federal railroad safety investigators concluded last month that a culture of safety lapses at Amtrak is what caused a collision between a passenger train and a backhoe that killed two Amtrak workers and injured 39 outside Philadelphia in April 2016. Federal investigators determined that Amtrak workers at the site lacked critical safety equipment that the railroad required that would have […]
US Government to Investigate Growing Length of Freight Trains
US Congress will be investigating the safety of freight trains that are growing increasingly longer operated by CSX, Union Pacific, and other major railroads to increase profitability, according to the US Government Accountability Office. As of 2017, train length is unregulated in the United States. Any effort to add rules to restrict train length will face strong railroad industry opposition […]
Fatal Indiana Train Crossing Crash Prompts Concerns About Safety
A railroad crossing accident that killed a 74-year-old woman in Edinburgh, Indiana is sparking new worries about crossing safety across the state. The woman, Sharon Gobin, was killed after her car was hit by a train that was rolling through downtown Edinburgh at 1 PM on November 20. The accident is still under investigation, but it has been confirmed that […]