Announcement

Collapse
No announcement yet.

Railroad Safety Regulations: Why they are key if you are ever injured at work

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Railroad Safety Regulations: Why they are key if you are ever injured at work

    In railroad injury cases, FELA lawyers expend much effort investigating whether a railroad complied with pertinent federal or state safety statutes and regulations, that may apply to any circumstances of the client injury. Why? Because violations mean the railroad cannot offer the worker’s contributory fault (think rule violations) nor must any “careless” or “negligent” conduct by the railroad be proven.

    Many times, these regulation violations are not obvious. If a train air brake system malfunctions, stopping a train, and if a conductor get hurt while inspecting the train's brakes, when he trips over debris, is this a regulatory violation? Sure is, per many legal cases. The conductor was injured directly because of a safety appliance act malfunction of a train air brake system, but if a malfunction in the engine of the train (systems, controls, gauges, radio) causes the train to stop, and causes the conductor to investigate, this also can be a locomotive inspection act violation as well.

    Also, if an injury arises from a violation of radio dispatch regulations, this regulation violation imposes strict liability on a railroad-meaning the proof of the violation is all the worker must prove-if the injury arises partly from the violation-no careless employer conduct must be proved, and then a jury must simply decide the full and fair compensation owed the worker.

    Read just how these issues are explained in an actual legal brief filed in a case involving a head on collision of two trains, and our argument that railroad dispatcher radio regulatory violations caused the worker injuries and therefore worker “company rule” or railroad rule violations were irrelevant as the main cause was the regulation violated by the other railroad employee.


    Click here to read the brief outlining railroad radio dispatch regulation violations by a railroad.



    About Us: Shapiro, Cooper, Lewis & Appleton FELA/Railroad Injury Attorneys have authored hundreds of railroad and FELA articles on our main website, and have over 100 years combined injury law experience. Firm attorneys included among “The Best Lawyers in America” 2010 Edition and the law firm has the highest rating (AV) granted by Martindale-Hubbell attorney rating service.
    Randy Appleton
    FELA Railroad Injury Attorney
    Shapiro, Lewis & Appleton, P.C.
    Our Railroad/FELA website
    1294 Diamond Springs Road
    Virginia Beach, VA 23455
    Ph: 800-752-0042

    RAppleton@HSInjurylaw.com

  • #2
    This was a horrific train wreck to be sure. In addition to the (excellent) legal discussion above, take a few minutes to watch the powerpoint presentation with actual audio recordings & some pictures of the aftermath.

    PowerPoint presentation of CSX head on

    csxt-8877-01.jpg

    csxt-9011-02.jpg

    csxt-9011-01.jpg
    Standard lengthy disclaimer / warning / terms of use: All postings by "NSRLink" are fictional, public information, for entertainment purposes only, should never be taken seriously, and in no way should be construed to represent the positions, views, ideas, or thoughts of any railroad carrier, person, entity, organization, or otherwise. By reading anything posted or associated with the user ID, "NSRLink," any entity agrees they shall not be offended, harmed, sad, defamed, inflamed, upset, mad, harassed, have their feelings hurt, or similar. Parties or entities not agreeable to these "terms of use" are hereby required to block this profile "NSRLink" and agree to not read or view posts so they will no longer be offended, harmed, sad, defamed, inflamed, upset, mad, harassed, have their feelings hurt, or similar in any manner, and may do so via UserCP "Edit ignore List" & adding "NSRLink" to the list. Thank you & good day to you.

    Comment

    Working...
    X