California Train Accident Legal Information
Every year in the United States thousands are injured and hundreds more die by train accident. Railways and rail yards present significant danger to human life. People who frequently travel by train, live near a railway, or work at a rail yard, should know the dangers to humans that surround locomotives. Those who are not familiar with the dangers should educate themselves and learn how to stay safe. If you and your family is affected by an accident, it is important to contact a lawyer to learn your rights and to get the professional support that you need. Anyone who is experiencing issues with the following scenarios can call The Napolin Law Firm for immediate attorney guidance and support:
- Locomotive collision or derailment;
- Spillage of cargo, hazardous materials or chemicals;
- Employees exposure to hazardous materials or chemicals;
- Railway crossing collisions;
- Job related claims.
Lawsuits are generally very complicated and involve multiple victims and responsible parties. If you or a loved one is ever involved in any kind of rail accident it is important to take immediate action to preserve evidence and legal rights.
Learn Train Accident Negligence Scenarios
Injured by a railway company failing to provide proper training, safety equipment, or safety conditions? If so, the company operating the railway may be held liable for the failure of keeping it's labor force and the public safe from harm. Below are listed some common examples of railway negligence:
- failing to maintain a safe work environment;
- failing to provide/use proper equipment;
- failing to preform required routine inspections;
- failing to properly maintain equipment;
- failing to adequately mark and maintain crossings;
- over working employees, creating unsafe work environment; and
- exposing workers to hazardous materials or chemicals.
While this is not a complete list, it represents the most common types of railway negligence claims. Many other situations may also qualify as negligent. It is therefore imperative that anyone who has experienced locomotive injury to discuss their situation with an experienced train accident attorney.
Railroad Crossing Accidents and Injuries
When the general public falls victim to a locomotive accidents, commonly the incident occurred at a railroad crossing. Crossings can be very dangerous, many of the accidents that happen at these crossings involve an automobile. Often times drivers may be unaware of an approaching locomotive due to and obstructed view of the tracks or inadequate warning signals. By law, it is required for locomotives traveling through heavily populated areas to slow their speed and use whistles to alert pedestrians and drivers of the approach. According to the Federal Railroad Administration, nearly 80% of crossings throughout the country have inadequate warning signs. Because of this, unknowing people may be oblivious to an approaching locomotive. Crossing accidents that involve pedestrians or drivers are usually quite severe and often result in fatality.
Railroad and Railyard Workers' Compensation
Working for a railroad company, on a locomotive or in a railyard, can be a very hazardous job. Companies have an obligation to keep their employees safe and to protect workers from conditions or unnecessary risks that could cause injury. If a worker is injured due to negligence on the part of the company, the injured worker can recover damages from the company. Companies occasionally fail to provide safe working conditions for employees, this can result in serious injury or death. Common bodily harm sustained by railway employees include:
- Lacerations, bone fractures, burns;
- Injuries resulting from a slip and fall;
- Repetitive motion injuries (Carpal tunnel, spinal damage);
- Hearing loss;
- Lung cancer; and
- Exposure to harmful chemicals or hazardous materials.
Railroad Ballast Injury Incidents
Railroad "ballast" is referring to the rocks which are placed under and around train tracks. Ballast is placed in order to provide support for the tracks as well as hold them in place. Today these injuries are coming more into view as employees are filing lawsuits against their employers for injuries sustained due to improper ballast placement. Just recently, eight men were awarded over 15 million dollars by a Maryland jury because of injuries they sustained due to walking on improper ballast. Around most tracks, companies use "mainline ballast" which is made up of larger rocks that are meant to provide support for the tracks. These types are proven to increase the risk for slips, falls, and lower back herniated discs. Industry safety standards demand that companies place smaller rocks, called "walking ballast" in their railyards in order to create safer conditions for workers.
Train Accident Lawsuit Attorneys
Injuries resulting from trains are often time very severe or fatal. In many cases the victim can be entitled to compensation due to the negligence. If you are anyone you know has been involved in an accident in some way, it is important to seek legal guidance as soon as possible. At The Napolin Law Firm, we are here to help you prove your case, starting with a free consultation! Call to speak with a lawyer today, free of charge. If you are looking for help, you may contact The Napolin Law Firm to speak directly with a compassionate attorney who knows what to do next. Attorney Alexander D. Napolin can be reached at 909-325-6032. His team is available today to discuss your situation free of charge.