Questions About Train Accidents
Little Rock, Arkansas
If you don’t see your question answered here, email us or call Duncan Firm directly at 877-638-6226.
Q. Do I need a lawyer if I’m involved in a train accident?
It’s usually a good idea to hire an attorney if you or a family member suffers injury or death due to a train or railroad crossing accident. The expert train injury attorneys at Duncan Firm can evaluate your case and advise you of your rights.
Q. If my loved ones or me are injured or killed while traveling as a passenger on a train, is it the responsibility of the railroad company?
Yes, railroad companies are required by law to use the highest standard of care to see that its passengers travel safely.
Q. I work for the railroad. Can I get a settlement if injured?
Yes, the Federal Employers Liability Act (FELA) provides for certain exceptions that make it possible make a claim against railroad even if you're an employee.
Q. What is the responsibility of the crew on the train at a public crossing?
All the crew members of a passenger or freight train are held to a high standard of safety and have an obligation to be vigilant at public crossings. In some cases, the train may be required to slow down at a public crossing during local hazardous conditions such as fog, rain, blowing snow, or other instances of limited visibility.
Q. What are my rights if I am in a motor vehicle that is hit by a train at a railroad crossing or I am a pedestrian who was hit by a train at a crossing?
It’s up to you to prove that the railroad crossing was negligent in maintaining the safety of the crossing, or that the train itself was being operated negligently. You may also bring a claim against any other person or entity whose negligence contributed to the collision.
Q. What protection at crossings should the railroad company provide?
In general, it is the obligation of the railroad to provide and maintain safety and protection devices such as stop signs, flashing gates and lights and to clear vegetation that could interfere with a driver’s line of sight. State and federal authorities have say so over the approval of the installation of these safety features and to inspect the installation after completion.
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