Railroad Accident Law in Oklahoma

Think of railroad accidents in Oklahoma, and you are likely to think of the terrifying moments before a huge engine plows into a family car stranded on the tracks at a rail crossing, brakes screeching as a horrified engineer tries to stop his locomotive. You may imagine railroad accident litigation in the Oklahoma courts as a lawyer standing up to a negligent railroad company for the rights of a bereaved family.

Sometimes railroad accidents and railroad accident law does happen just that way. However, the Oklahoma railroad accident attorneys at the Hershewe Law Firm, P.C., believe that accurate information can help the public better understand how Oklahoma railroad accidents and railroad accident law impact personal injury and wrongful death litigation.

According to the Federal Railroad Administration Office of Safety Analysis (FRA) (www.safetydata.fra.dot.gov), in the United States in 2008, there were:

A total of 12,397 accidents involving trains that resulted in:
- 796 fatalities
- 8000 injuries

Not all those accidents were the same, not all the fatalities occurred at crossings, and not all the people injured or killed were automobile drivers. Railroad accidents are divided into four categories.

Train accidents

A train accident involves on track rail equipment. In 2008 there were:

2,404 U.S. train accidents
27 train accident deaths
281 train accident injuries

Almost 75% of these on track accidents were derailments. The Hershewe Law Firm, P.C., knows the Oklahoma the law: it is the responsibility of the railroad company to inspect and maintain its track. Railroad accident attorneys investigate the causes of train accidents and find who is responsible for harm to passengers and rail employees.

Highway-rail accidents

A highway-rail incident is any impact between a train and a highway user (motor vehicle, bicycle, motorcycle, pedestrian, etc.), at both public and private crossings. Motor vehicle drivers are often blamed for these accidents, and many are caused by trespassing on railroad land. In the U.S. in 2008, there were:

2387 highway-rail accidents
285 fatalities
930 injuries

Trespassing accidents (not at rail crossings) took 455 lives in 2008 and injured another 425 people. Highway-rail and trespassing incidents accounted for over 90 percent of all train accident fatalities, the tragic stories that made the 2008 news. However, highway-rail incidents represent fewer than 20 percent of all reported railway accidents in the U.S. No doubt railroad crossings, rail yards, train equipment, and railroad tracks are seriously dangerous.

Other incidents

There were 7,606 other incidents, defined as accidents that caused a death, an injury or the occupational illness of a railroad employee, in 2008. On-duty rail employees suffered well over half of the 7,310 non-fatal conditions. Most fatalities in this category, 454 out of 484, were attributed to trespassing.

On-duty rail employee accidents

The Federal Railroad Administration reports the cases of railroad employees who are killed or injured on duty. Working for a railroad is hazardous. In 2008, there were:

4,855 incidents, accounting for over half of all non-fatal railroad injuries
25 deaths

Railroad Accident Litigation

The Hershewe Law Firm, P.C., wants you to know that the law can be on your side if you are injured or if a family member is killed in a railroad accident if you have a competent personal injury and wrongful death attorney. Passengers and railroad employees who sustain injuries in 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 Oklahoma laws, may also bring a product liability suit to court. Under Oklahoma 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.

Hershewe railroad accident attorneys can also help railroad employees who are injured in work-related accidents file negligence suits against their employers or other railroad employees under the Federal Employers Liability Act (FELA).

Railroad accident lawyers have a big burden of proof when they bring a suit for an accident victim. However, in Oklahoma, railroad companies are responsible for maintaining their crossings and warning equipment in good condition. In railroad accident litigation, the attorneys at Hershewe Law Firm, P.C. can often prove that crossings did not have warning signals, were poorly marked or maintained.

Remember, your safety is your responsibility. Follow Oklahoma motor vehicle rules for safety at railroad crossings. Stop, look and listen. Don’t try to slip around a barricade in front of an oncoming train. Railroad tracks, trestles, yards and equipment are privately owned. Don’t trespass. If you work for a railroad company in Oklahoma, follow OSHA safety regulations. Keep yourself and your fellow employees out of harm’s way. But if you involved in an Oklahoma railroad accident, as passenger, motorist or employee, count on The Hershewe Law Firm to fight for you.

For More Oklahoma Railroad Accident Law Information

More railroad law information can be found on the following pages: