- 1. What determines the legal responsibility a railroad owes someone injured on or around a train?
- 2. What legal rights do railroad passengers have against the railroad?
- 3. Do railroads have legal responsibilities to their employees?
- 4. My car was struck by a train. What legal rights do I have against the railroad?
- 5. What damages can I recover if I sue the railroad?
1. What determines the legal responsibility a railroad owes someone injured on or around a train?
The rules governing a railroad’s legal responsibility for accidents on and around a train depend upon the relationship of the injured person to the railroad. The duty or degree of care the railroad owes the injured person differs whether they are an employee, passenger, or nonrelated third party, like a motorist or pedestrian.
[ top ]
2. What legal rights do railroad passengers have against the railroad?
The rules governing a railroad’s legal responsibility for accidents on and around a train depend upon the relationship of the injured person to the railroad. The duty or degree of care the railroad owes the injured person differs whether they are an employee, passenger, or nonrelated third party, like a motorist or pedestrian.
[ top ]
3. Do railroads have legal responsibilities to their employees?
The Federal Employers’ Liability Act (FELA) is a federal statute that Congress passed nearly 100 years ago to provide for compensation of railroad employees who are injured on the job. The FELA statute still applies today.
[ top ]
4. My car was struck by a train. What legal rights do I have against the railroad?
It depends on the facts of the case. Because you were not a passenger, the heightened standard of care does not apply to you. A railroad could still be found liable, however, if its negligence caused the accident or its employee negligently caused the injury.
[ top ]
5. What damages can I recover if I sue the railroad?
When a railroad is found liable for an injury, as with any personal injury case, it is responsible for medical expenses, lost income, pain and suffering, and other related losses. In a wrongful death lawsuit, losses of consortium and funeral expenses are also typically awarded.
[ top ]
