RAILROAD ACCIDENTS

Under the Federal Railroad Administration, the number of railroad accidents declined by more than 75 percent between 1978 and 1993. The railroad accident rate per million train miles dropped by more than two-thirds, and the number of rail-related fatalities and injuries fell by three-fourths during this period. These safety improvements occurred even as freight railroad traffic and train density increased to record high levels following economic deregulation of the industry as a result of the Staggers Rail Act of 1980. Though these statistics sound great, the fact remains that every 90 minutes, a train accident occurs in the United States. Many of these accidents are preventable. So much could be done to prevent railroad accidents if railroad track was properly maintained and if all railroad crossings were protected with lights and gates.

Railroad Accidents - FELA (Federal Employees Liability Act)

In 1908, Congress passed the Federal Employers' Liability Act, (FELA). This law assures railroad employees a safe work place and gives them and their families the right to recover compensation if injured in a railroad related accident.

Under FELA, injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. If an employee is killed on the job, survivors are entitled to recover damages for what they have suffered because of the death.

A railroader is entitled to recover damages from his company under the U.S. Federal Employees Liability Act if the follow facts exist:

» When the railroad he works for is engaged, even in small part, in interstate commerce; that is, it either runs across states lines or handles interstate freight.

» When injury to the worker is the result, even in part, of the negligence (carelessness) of any officer, agent of employee of the railroad, or the injury is caused by any defect in the cars, engines, appliances, machinery, track, road bed, or any other equipment of the road.

» The railroads, under the law, have a duty to provide safe places of work for their employees. They must also provide safe equipment, tools and proper working conditions for them. If any railroad fails to take these safety measures, or if the employee is injured through the carelessness of any other employee, the railroad is held responsible. It is liable to the worker for any injuries or damages he may suffer as a result.

» The amount of money an injured railroad worker is entitled to recover is decided by two factors: (1) how serious his injuries and losses are, and (2) whether he can show that his injury was in some way, or in some part, due to the fault of the railroad, the negligence of any of its employees, or some defect in equipment, tools, or any unsafe working condition.

Federal Railroad Administration's (FRA) news and information page-The FRA works to ensure a safe, efficient & effective passenger and freight railroad network. The agency's safety force inspects the U.S.'s 230,000 miles of railroad track, 1.2 million freight cars, 20,000 locomotives and 89,000 track miles of signal and train control systems. The FRA also provides funding for Amtrak, educates the public about the danger of highway-rail grade crossings and develops standards and regulations to enhance rail safety.

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