TRAIN ACCIDENTS | Frequently Asked Questions

QUESTION: Who is responsible for a railroad-related injury?

Contact a Kansas train accidents lawyer representing clients in Overland Park, KS today to schedule your free initial consultation.


ANSWER

Railroads have a general responsibility for accidents on or around trains, but their specific responsibility depends upon the relationship between the railroad and the person injured. Railroads are held to different standards of duty for employees, passengers, and third parties like motorists or pedestrians.

Railroads owe passengers the highest degree of duty, because they are common carriers. This may make it easier for a passenger to recover damages for injury. A railroad's obligation to its employees is covered by the Federal Employers' Liability Act (FELA). Passed in 1980, FELA requires railroads to provide fair compensation to their employees for injury caused by the railroads' negligence or hazardous working conditions.

A railroad's responsibility to motorists or pedestrians depends on the circumstances of the accident. Conditions at the time and place of crossing can change the duty the railroad owes. Claims against railroads for crossing accidents generally fall under state negligence laws. These complicated factors make it wise to consult an attorney with railroad experience after any train-related accident.


Kansas personal injury lawyer / attorney representing clients in Overland Park, KS, locomotive injuries law firm - If you would like to schedule a free initial consultation regarding your personal injury case, please contact the Eschmann & Pringle, P.A at (800) 952-0566 or complete our inquiry form.