Rail Safety Law
More than 217,000 miles of railroad tracks crisscross the United States, bringing to mind mid-western images of chugging locomotives, red cabooses, tooting horns and waving conductors. If only today’s transportation realities were so rustic. Unfortunately, the Federal Railroad Administration reports 147,150 total train accidents/incidents between 1999 and 2008, including 8,975 fatalities. If you or someone you know have been involved in a train accident, The Arkansas railroad accident attorneys at The Hershewe Law Firm will offer you careful consideration and insight as they fight for your rights and possible reparations.
Those unsettling Federal Railroad Administration statistics include highway-rail incidents, trespasses, train collisions, employee injuries and more. If someone suffers injuries or death on or around a train, responsibilities differ depending on whether the injured person is an employee, passenger, motorist, pedestrian or other third-party. Railroads are common carriers and owe their passengers the highest degree of duty and care. Sometimes that increased responsibility of a railroad to its passengers may make recovery for injuries easier to obtain than in other personal injury cases. However, railroad laws and regulations are intricate. Victims of train accidents should seek out the guidance of an established and experienced personal injury lawyer.
State and Federal Laws
The Federal Railroad Safety Act of 1970 created comprehensive railway safety regulations that, over time, have preempted many state safety laws. For example, train speed or safety mechanical failures often fall under federal standards instead of answering to the laws of the jurisdiction where the accident occurred. Sometimes tragedy proceeds positive legal action. A metro accident that killed 25 people in 2008 prompted Congressional passage of The Railroad Safety Improvement Act of 2008 which mandates updated train control technology by 2015 and limits train operator shifts to 12 hours or less. If you need guidance about an Arkansas railroad accident/incident or more information about railroad statistics and safety, contact The Hershewe Law Firm for a free consultation.
