Railroad Accident Law
Arkansas Railroad Accident Law
The Federal Railroad Administration reported 2,998 total train accidents/incidents in Arkansas between 1999 and 2008 with 180 of them resulting in fatalities. Understanding how and why a train accident occurs is not as easy as initially thought. Federal laws often supersede state laws. Local hazard laws are taken into consideration as well. Contrary to popular belief, a motorist and pedestrian aren’t always at fault at a railroad crossing calamity. The same is true for a train. The answers lie in the complexity and ambiguity of railroad law. The attorneys at The Hershewe Law Firm will offer you a comprehensive guide to Arkansas railroad law and how it can impact your personal injury or wrongful death litigation.
Arkansas Railroad Accidents
Statistics show that just over 2,500 railroad-related deaths occurred nationwide between 2006 and 2008 with 42 of those deaths in Arkansas. The numbers for injuries run much higher and often those injuries tend to be catastrophic, bringing great pain and suffering. Whether it’s a metro commuter train or a cross country scenic cruiser, trains remain popular. Consequently, the types of railroad accidents vary as much as the causes. The Arkansas railroad accident attorneys at The Hershewe Law Firm are experienced in the complex investigations and personal injury and negligence litigation that accompany Arkansas railroad accidents and deaths.
Common cases involve:
- Car-train collisions
- Crew negligence
- Derailment
- Improper train speed
- Insufficiently maintained tracks and equipment
- People-train collisions
- Train-train collisions
- Malfunctioning or poorly maintained railway crossings
Timing is very important if you or someone you know are involved in a railroad accident. Representatives from the railroad company and federal, state, and local agencies will arrive on the scene quickly. Contrary to popular belief, many railroad crossing accidents are not the fault of the motorist or pedestrian. The best action you can take is to call an experienced and established personal injury attorney who is familiar with railroad accident laws in Arkansas.
Passenger Injuries, Deaths
Passengers or Employees who sustain injuries on train accidents may have a negligence claim against the train operator and railway owner. If the accident was caused by a malfunctioning train or safety device, injured parties, under certain state laws, may also bring a product liability suit to court. Under other state or federal safety laws, a court may find that a railroad company has absolute liability for an injury or death, meaning no further proof of fault is needed.
Railway Worker Injuries, Death
The Federal Employers Liability Act (FELA) of 1908 allows railroad employees who are injured in work-related accidents to file negligence suits against his or her employer or another railroad employee. FELA is a multifaceted federal law. Employees who evoke it should seek competent legal counsel.
Motorists, Pedestrians, Others
Railroad tracks, trestles, yards and equipment are privately owned. Pedestrians can be considered trespassers and should never walk, run, or play near these areas without considering the consequences. Motorists should always remember the basic railway crossing rules and follow them and the safety and highway laws of their local jurisdictions.
For More Arkansas Railroad Law Information
More railroad law information can be found on the following pages:
If you need guidance about Arkansas railroad accident laws or more information about railroad safety, contact The Hershewe Law Firm for a free consultation. Dial direct toll-free at 1-877-382-9734 or submit our email form.
