Recent RR Cases in Oklahoma

Railroad accidents involving train derailments, equipment failure or collisions with other trains, pedestrians or vehicles can result in catastrophic injuries, deaths and a tremendous amount of property damage. Whether a RR accident was caused by mechanical failure or human error, the Ed Hershewe Law Firm, P. C. is familiar with the many possibilities under Oklahoma and federal law for personal injury claims that may help victims of railroad accidents and their families receive compensation and start to rebuild their lives.

Startling Railroad Accident Statistics

In the United States, statistics show that approximately every two hours a train engine strikes a pedestrian or motor vehicle. In 2008, the Federal Railroad Administration's Office of Safety Analysis recorded 12,397 railroad incidents. These accidents on or around our nation’s railroads resulted in 796 deaths and 8,521 non-fatal injuries. Of the deaths, 285 occurred at highway railroad crossings. Of the railroad accident injuries in 2008, 930 happened at highway railroad crossings.

Any mostly rural state, such as Oklahoma, will have many crossings that are only marked by crossties, where motor vehicle drivers and pedestrians bear the burden of safety. Oklahoma has almost 4000 public railroad crossings and another 1,354 private crossings. Nearly half of all crossings in Oklahoma have only passive warning signs. In 2008, there were eight accidents at railroad crossings in Oklahoma, fortunately no deaths, but four injuries. Most of the accidents were found to have been caused by trespassers.

Causes of Railroad Accidents

We know what causes Oklahoma railroad accidents that result in injury and death:

• Human error – About one third are caused by someone’s inattention, fatigue, or negligence, whether that person is a railroad employee, like an engineer, or the driver of a motor vehicle at a railroad crossing, or a trespasser on railroad company property.
• Track defects – Another third of railroad accidents, often derailments which send train cars careening off tracks, are caused by worn, defective or improperly installed track, washed out grades, and so on. Railroad companies are responsible for routinely inspecting track and rail beds.
• Equipment defects -- Everything from bad breaks to bent wheels, cause about twelve percent of incidents. Again, railroad companies must inspect their equipment.
• Signal defects – Warning lights that fail to flash, crossing arms that do not come down, horns that do not sound account for just under two percent of railroad accidents.
• The remainder of rail accidents are attributed to identifiable, but varied miscellaneous causes.

It is important to have a good personal injury attorney by your side as your Oklahoma accident is investigated. The Hershewe Law Firm, P. C., investigates accidents carefully and energetically.

Most railroad accidents, whatever the cause, are caused by trespassers on railway company property at crossings, on right-of-ways and in train yards. The Hershewe Law Firm, P.C., reminds you: People who trespass on railroad property and cause crashes that result in death and injuries may be criminally prosecuted, and civil personal injury lawsuits may also be filed against them.

Railroad Accident Injuries

Serious injury in railroad accidents is not unlike the physical trauma of any kind of accident involving heavy equipment. Accident victims often suffer not only bruises and cuts, but life-threatening and life-changing injuries the Hershewe railroad accident attorneys want to see victims receive fair compensation. The victims of railroad accidents can suffer amputations, brain trauma, spinal cord injuries, broken bones, burns, cuts and internal organ injuries.

The greater majority of people injured or killed in railroad accidents are in fact on-duty railroad personnel. The Federal Employers Liability Act (FELA) allows railroad employees who are injured on the job to file lawsuits in order to recover damages for the negligence of the employer or another railroad employee. FELA provides special protection for railroad employees under federal law and allows injured railroad employees to bypass Workers' Compensation, which is usually the sole remedy in cases involving work-related injuries. Under FELA, injured railroad employees may also recover punitive damages that they would not be entitled to under Workers Compensation laws.

In addition, The Rail Safety Improvement Act of 2008, among other provisions, made changes to the maximum hours of service a railroad company may demand and to how a railroad company must treat its injured employees. A railroad is prohibited from disciplining, or threatening to discipline, an employee seeking medical treatment or for following orders or treatment of an attending physician.

Employees may bring an action against the railroad, under whistleblower provisions, for any violation of the Rail Safety Improvement Act; and, in addition to recovering back pay and reinstatement, they may recover, separate from a FELA action, compensatory damages, attorney’s fees and punitive damages up to $250,000.

If you are an injured railroad employee, protect your rights and understand the law. The counsel of a FELA-experienced law firm, like the Hershewe Law Firm, P.C., can help you.

If you would like a free consultation with one of our railroad accident attorneys, call us toll-free at 877-382-9734, or complete our web form.