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 attorneys at Duncan Firm can evaluate your case and advise you of your rights.
Yes, railroad companies are required by law to use the highest standard of care to see that its passengers travel safely.
Yes, the Federal Employers Liability Act (FELA) provides for certain exceptions that make it possible to make a claim against the railroad even if you're an employee.
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.
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.
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.
If you or a loved one has been hurt in a train accident and you would like to know more about your legal rights and options, please contact our Little Rock, Arkansas office by filling out the form on this page or calling 877-638-6226 today.
