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Railroad Accidents

Railroad Accidents in Oklahoma

The Hershewe Law Firm, P.C., offers legal help to Oklahoma railroad accident injury and wrongful death victims. We handle all types of railroad accident - related personal injury cases, for railroad employees, train passengers, and motorists or pedestrians in collisions with trains.

Railroads play a vital role in the American economy. Rail transportation is a popular, high-volume, low-cost, energy-efficient way to ship freight. Railroads could provide more public transportation, as they did before the automobile. There is currently a federal effort to increase passenger service and add high-speed rail lines.

However, railroad accident attorneys warn that rail traffic is not without cost. Running the nation’s trains is dangerous work. Each year, thousands of railroad workers suffer injuries on the job. There is also some risk to passengers traveling by train. The greatest risks, however, to the general public are highway-rail and trespassing incidents. Collisions of trains with motor vehicles and pedestrians accounted for over 90 percent of all railroad accident fatalities in 2008, but these terrible incidents represented fewer than 20% of all reported railway accidents in the U.S. According to Operation Lifesaver, a train-safety organization, a train strikes a vehicle or a pedestrian at a rail crossing approximately every two hours in the United States.

Railroad employees at risk for personal injury and wrongful death

Most railroad workers who suffer from work injuries or occupational diseases are protected by the Federal Employers' Liability Act (FELA). Congress intended FELA to be liberally construed for the broad protection of rail employees, but railroad companies are experts at defending against possible FELA claims. If you are a rail employee who has been injured on the job, or if your family member has been killed by a rail accident while on duty, consult an experienced personal injury lawyer. The Hershewe Law Firm railroad accident attorneys are a match for any railroad company lawyer.

Railroad safety obligations to passengers

Railroads have heightened legal responsibility for the safety of their passengers. The zone of safety for which railroads are accountable to passengers extends from the depot to the waiting platform to the interior of the train itself and includes boarding and exiting. If you are injured at any time during your rail passenger experience, that is considered a railway accident. An experienced railroad accident attorney from the Hershewe Law Firm can advise you about legal compensation for your injury.

Railroad accidents at crossings

The Hershewe railroad accident attorneys warn that the weight and speed of a train is no match for a motor vehicle or pedestrian. These accidents have the potential of producing catastrophic injuries and deaths. Lawsuits in Oklahoma for injuries and deaths caused by trains hitting cars or people are complex. If you are the victim of such an accident or if you lost a loved one in a collision with a train, you need the advice of an experienced railroad accident lawyer. Your personal injury lawyer will investigate the facts of the accident:

  • Were the crossing signals functioning properly?
  • Were crossbucks worn missing reflectors, missing entirely, or broken?
  • Was the crossing unprotected?
  • Was the view of the tracks obstructed by vegetation?
  • Had the roadway and rail bed been properly maintained?
  • Did the locomotive have a headlight?
  • Did the engineer sound his horn as required by Oklahoma law?

In Oklahoma, railroad companies are responsible for the safety and maintenance of railroad crossings. Railroad companies say that motorist and pedestrian accidents are caused by trespassing on railroad property. Lawyers with the Hershewe Law Firm, P.C. know Oklahoma railroad law, and they will examine every fact of your case in the light of that law.

Contact the Hershewe Law Firm, P.C. for a consultation toll-free at 877-382-9734, or complete our web form.

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