Just this June, a driver was killed near Lafayette as her vehicle collided with an Amtrak train. While Amtrak may not have been responsible for this particular accident, in some cases, fatalities or serious injuries can be directly attributed to the negligence of the railroad company. \u00a0It is widely believed that an oncoming train has the capacity to stop in time to avoid an accident.\u00a0 However, a train traveling fifty miles per hour with over a hundred cars can take over a mile to come to a stop.<\/p>\n
Across the United States, a train derails, hits another train, hits a pedestrian, hits a vehicle, or damages property approximately every two hours with over 1,000 annual fatalities. A train involved in an accident may be traveling at a high rate of speed.\u00a0 However, even at lesser speeds the hundreds of thousands of pounds of steel and freight have sufficient momentum to cause grave accidents. Trains quite often carry hazardous materials and on average of every two weeks a train derailment includes a serious chemical spill as well. Since 1997, the frequency of train accidents has escalated, due in large part to the increase in traffic as well as a shortage of safety equipment.<\/p>\n
The Regulation of Railways<\/b><\/p>\n
Despite the fact that a relatively high number of safety violations have been noted, these violations don\u2019t necessarily have to be corrected due to the fact that railroad companies are largely self-regulated. This means that defective train equipment as well as improperly trained railway employees are much more common than we would like to believe. \u00a0Railways are regulated by the United States Department of Transportation through the Federal Railroad Administration (FRA).\u00a0 Although the FRA is charged with keeping the movement of people and goods by train safe, reliable, and efficient, like all regulatory agencies, it cannot watch everyone all of the time.\u00a0 The FRA does collect accident data and it investigates many train accidents.<\/p>\n
What is the Cost of Protecting Human Life?<\/b><\/p>\n
Today\u2019s railroads are likely using technologies developed over half a century ago as well as equipment which are severely out-of-date. \u00a0For example, there are no crossing lights or safety arms at over two-thirds of public railroad crossings. Considering over 60% of all railroad accidents occur at these public crossings, you can see this is a particularly glaring safety problem. \u00a0It is widely assumed that those persons hit at a railroad crossing must have been driving irresponsibly.\u00a0 In fact, the majority of railroad crossing accidents occur due to weather conditions which lower the visibility of the driver, making them unable to see the oncoming train. Regardless of the cost to install lights and crossing arms at railroad crossings, the lives which would be saved would certainly seem to warrant the expense.<\/p>\n
How the Laws Differ for Railroad Accidents<\/b><\/p>\n
State negligence and civil tort laws generally govern railroad crossing crashes.\u00a0 In most cases, the railroad is able to remove an injured victim\u2019s state law claims from the state court into federal court. Additionally, some federal laws may preempt state laws and apply. One federal law which defendants frequently assert is Section 409 of Title 23 of the United States Code.\u00a0 That law provides that data and other information compiled or collected for the purpose of identifying or planning safety enhancements at potential accident sites, such as railway highway crossings, is not admissible in evidence.\u00a0 This law can hamper our efforts to show that a railway or other defendant was aware of the inadequacies of a crossing because of the occurrence of many previous accidents at that site.\u00a0 Some court decisions provide exceptions in some circumstances, but often this law makes the prior knowledge of the dangerous condition by the defendant difficult to establish.\u00a0 If it appears Federal law will prevail, your attorney may still be able to pursue your claim in state court simultaneously. Railway accidents are complex by their very nature, requiring a highly skilled attorney who is fully aware of the time constraints involved\u2014in some cases an injured person may have only six months from the time of the accident in which to file a lawsuit. Due to the tort claims act, the appropriate governmental entity must be notified of the injury within a short period of time following the accident.<\/p>\n
How the Koederitz Law Firm Can Help You<\/b><\/p>\n