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Railway Injury Lawyer

Railways pose a uniquely dangerous environment where injuries are both more likely and more severe. Injuries that occur on or near a railway are often the responsibility of the railway operator, including special laws designed to protect railway workers from the extremely high risks that come with employer negligence. Not only are railways dangerous, but the injuries they cause can be severe, disabling, and long-lasting. If you or someone you know has experienced a recent railroad accident injury, you are not alone. An experienced railway injury lawyer at Morrow & Sheppard LLP can help you understand your case and seek support for your medical bills through FELA and personal injury law.

Common Causes of Railway Injuries

What can cause a railway injury? Around such large machines, many circumstances can result in an injury inside or near railway cars and tracks. The four most common causes of railway injuries are human error, equipment malfunction, track & infrastructure issues, and unsafe work practices.

Human Error

People must be very careful when moving around an active railway. Even when all precautions have been taken, it is possible for an operator to make a mistake or even for a passenger to accidentally fall or get caught in an extremely dangerous fashion. Fatigue or distraction after working long hours often causes operator mistakes. This, in turn, can result in either passenger or employee railway injuries. Passenger injuries are often the result of clumsiness, fatigue, or even jostling at the wrong moment.

Equipment Malfunctions

Some railway injuries are not the fault of a human but of the railway equipment. For example, a signal failure can cause trains to collide or fail to help passengers stay clear of dangerous areas at the wrong moment. Defective train parts may lead to door malfunctions or braking issues that can suddenly cause the train to be in the wrong place at the wrong time, which can result in injury.

Track and Infrastructure Issues

If the track did not undergo proper maintenance or if something occurred since the last check, some railway injuries may be caused by track and infrastructure issues. Poor maintenance can cause the train on a track to malfunction, either accelerating too much, failing to brake, or even derailing. Obstructions on the track are even harder to control. If a vehicle, animal, or even a large rock is on the track at the wrong time, both trains and people can be damaged.

Unsafe Work Practices

Safely operating a railway takes expert handling. Insufficient training or inadequate safety measures can significantly reduce the safety of a railway experience. When this happens, injuries can occur due to the lack of skills or resources to prevent the injury.

Legal Rights and Compensation for Railway Injury Victims

The railway is accompanied by special laws that hold a railway operator responsible for injuries, with federal protections for those injuries sustained by employees who are subject to railway employer negligence.

Federal Employers Liability Act (FELA)

FELA is the Federal Employers Liability Act which applies specifically to injuries and death that occur as the result of a railway employer’s negligence. An employee’s contributory negligence cannot cancel a claim, only reduce it. In addition, no contributory negligence will be found if the employer has violated railway safety statutes. Unlike worker’s compensation, surviving immediate family members may also use FELA to seek compensation if a railway injury kills a railway employee.

Federal and State Regulations

Every state may have individual safety, injury, and liability laws regarding railway injuries. However, inter-state rail lines make each railway operator subject to multi-state and federal regulations. This means that liability stacks and state-brought cases cannot be removed at the federal level. Safety standards for the railroad industry are the employer’s responsibility and are meant to minimize the risk to employees.

Filing a Claim

In order to file a railway injury claim, the statute of limitations will vary by state but is usually two or three years. For FELA-specific claims, the statute of limitations is three years. You will need medical evidence of the injuries, as well as proof that you were traveling or were in the vicinity of the railway for other reasons.

Types of Compensation

There are several types of compensation you might claim if you or a loved one has suffered a railway injury.

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • FELA-specific compensation provisions

Medical expenses cover the costs of recovery, while lost wages compensate for the financial loss of being unable to work. Severe injuries may warrant a pain & suffering allowance, and FELA must provide a set amount of monetary compensation based on factors like costs, negligence, and safety statute violation.

Types of Railway Injuries

Railway injuries vary widely depending on the cause and exposure to danger. Different injuries are more common among workers, passengers, pedestrians, or motorists.

Railroad Workers

Railway workers are at a constantly high risk of sustaining injuries on the job. Railroad worker injuries are typically considered occupational hazards and specific safety statutes are put in place to prevent all or most railroad worker injuries.

Passengers

Passengers are most likely to sustain a railway injury when boarding or disembarking. Sprained ankles and twisted knees can occur if tripping over the gap. Wrenched limbs and worse can occur if the train suddenly has not come to a complete stop. Falling onto the tracks is also extremely dangerous, either due to a third rail (high voltage) or the risk of colliding with a moving train. Accidents while on the train are also possible, including slip & fall type injuries or injuries from falling luggage.

Pedestrians and Motorists

Pedestrians and motorists outside the train are at risk of crossing incidences. Collision with a train occurs when a pedestrian or motorist has not cleared the tracks when a train comes through. These injuries most likely happen because of a signal failure or no apparent warning of the approach of a train.

Hiring a Railway Injury Attorney

Railway injury attorneys can provide legal guidance and act as your advocate if you sustained injuries on or near a railroad, or as the result of a railway company’s negligence. They can help you best represent and defend your case to win the compensation you deserve after such an injury.

Expertise in Railroad Accident Law and FELA

Railway attorneys who have experience with FELA cases will not let a case lie until they have tried every avenue. We understand the industry-specific regulations that a railway employer must adhere to and have experience defending FELA cases against big railway teams.

Proven Track Record

Working with FELA cases can be difficult. That is why a proven track record for your railway injury attorney is essential. Client testimonials are a great source of proof that the attorney you are considering has already shown that they can achieve the results you seek for your railway injury compensation.

Personalized Legal Support

Lastly, an experienced railway injury attorney can personalize your legal support with more than a one-size-fits-all approach. We will dedicate attention to your case and maintain communication transparency throughout the process.

Contact a Railway Injury Lawyer for a Free Consultation

Here at Morrow & Sheppard, we provide protection and legal guidance to anyone who sustained injuries in a railway setting. If you or anyone you know has been injured on the job with a railway or as the result of railroad activity, contact us today. Book a free consultation for your personal injury or FELA case. We’ll help you seek the best possible outcome.

What Our Clients Are Saying

Excellent
4.9
Rod A.
Rod A.
Thank you so much Griselda for great service and helping me..through of the case..
Dray H.
Dray H.
From the very first consultation, I was struck by their professionalism and commitment. Chris and Daniel took the time to listen to my concerns, understand our situation, and outline a clear path forward. It was apparent that they all were not just going through the motions; they were genuinely invested in achieving the best outcome for my son as he suffered a lot from being hit by a car. Throughout the process, their hard work was evident. Your choice of legal representation can make a world of difference, and I am fortunate to have found a lawyer and Firm who embodies these qualities. Thank you once again for everything; your efforts will not be forgotten. If you need an honest law firm that's going to be transparent and help get the best results, call Morrow and Sheppard.
FRANK H.
FRANK H.
They went through highs and lows to help me with my case. At the end we won thanks morrow & Sheppard so much…
Elena H.
Elena H.
They were professional and very helpful with everything. If had any questions they would be quick to respond and was able to help me understand it better on things during the whole case. Thank you so much and keep up the excellent work.
Pavan L.
Pavan L.
I must recommend MS LLP for their superb services. Their team is very attentive and responsive in assisting at all times.
Cynthia D.
Cynthia D.
Griselda was so helpful and knowledgeable! She made the entire experience seamless and went the extra mile on our case. We are so happy we chose Morrow & Sheppard to represent us!
Michael J.
Michael J.
John Sheppard and Chris West did an outstanding job in representing me following a rear-end collision. Highly recommended!
Jeff S.
Jeff S.
Nick and Laura are the best..They helped every step of the way.Can’t recommend them highly enough.Not only do they get results but they care and make you feel like family.
Cassandra M.
Cassandra M.
They were very professional and understanding. The have patience and do their job well. If I had to return I would with no hesitation
Juber M.
Juber M.
4 months agoI am Extremely Happy with Morrow & Sheppard Lawfirm. I worked closely with Nick Morrow end Laura on my case With the rest of his staff. They were diligent in handling my law case matter to resolution. Laura end Nick would keep me up to date with the status of my case … More , They fought for me to get the best settlement possible.. I am happy with the outcome Thank you Nick and the staff Of MORROW END SHEPPARD LLP
Candace M.
Candace M.
Chris West is an excellent addition to the Morrow & Sheppard team. His skill set, dedication, and overall reliability he brings to the firm and clients are uncanny. You will not be disappointed.
Melis R.
Melis R.
I highly recommend the Morrow & Sheppard to anyone. They are an incredible group that did an outstanding job to make sure I got the highest settlement for my case. Attorney Daniel and his staff are all outstanding professionals with some serious case law knowledge and skill. His group went the extra mile for me and because of that, my life has forever changed. Thank you Attorney Daniel and everyone that’s a part of his firm that worked so hard. I really appreciate you!
D P.
D P.
I am Extremely Happy with Morrow & Sheppard Lawfirm. I worked closely with Daniel Sheppard and Chris on my case. They were diligent in handling my law case matter to resolution. Daniel would keep me up to date with the status of my case and Chris would also ensure all my paper work was submitted in a timely manner. I am Very Happy with the Outcome! Thank you Daniel and Chris. I highly recommend their services and would not hesitate to use them again.
Nikki L.
Nikki L.
Very strong and courageous law firm I recommend to anyone who has suffered a injury from companies who need to be held responsible for lack of safety and security, my family is set for life and with these lawyers never backing down and fighting for truth behind every case and seeking the best future for our family has given our family a second chance at being able to make it in life and holding companies accountable lifting burdens off our lives, very proud and beyond blessed to have had them fight the fight and have a tremendous outcome for our future. Along with a great and kind staff we HIGHLY recommend this law firm.
Marceline A.
Marceline A.
I was a client for 2.5 years after a car accident in 2019 and represented by Patrick McGinnis. He was knowledgable, compassionate, and level headed.His assisting paralegal, Ramona Anaya, was reliable, knowledgable, and kind in all our interactions.They went above and beyond to help me navigate everything that unfolded after my car accident. They were able to secure a favorable settlement before trial.I’m very happy to have had Morrow&Sheppard Firm represent me.
angel martinez J.
angel martinez J.
Professional and knowledgeable with years of experience.
Richard L.
Richard L.
I had a accident and I chose morrow&sheppard they was great from the start to the finish Chris was real informative and helpful was the whole process and got me a fair settlement they really care about there Clients if you in a car accident call them
Amanda W.
Amanda W.
After a car accident last year I went to Morrow & Sheppard for assistance. Jose and Chris were exceptionally accommodating and handled my case with professionalism. They're primary concern was my well being and they went above and beyond to ensure I would receive the best settlement possible. A very efficient and dedicated team!
Susan L.
Susan L.
I've been in the legal field for a while now and not only do I know John Sheppard & Nick Morrow, I have attorney friends that have worked with them throughout the years. This is a great firm and great people that work at Morrow & Sheppard. I have been reading the reviews on here and it makes me happy to see that their clients think as highly of them as I do.
Dale S.
Dale S.
I was injured and my business closed down due to an accident in 2016. Daniel Sheppard became my greatest asset. He hired professional experts for their views and opinions as well as conducting numerous depositions. Daniel is hard working and no nonsense when handling your case. Daniel keeps you informed on what's going on and what to expect. I'm from Louisiana and my case was in Texas. Daniel Sheppard worked alone side my other attorney Yuri Beck, and the both of them did a fantastic job representing me and settling my case. Daniel Sheppard of Morrow & Sheppard in Texas and Yuri Beck of Hunter & Beck in Louisiana are my lawyers for LIFE.
Rosie E.
Rosie E.
Nick Morrow and John Sheppard were the lead attorneys on my case to hold an apartment complex with inadequate security responsible for the death of my son. The two of them were focused and determined to represent me and my son's children with tenacity. As the case continued over time, it became apparent that we were not merely clients that were a means to a financial end to them but people who had experienced a life changing and devastating loss. They realized that as a result of our loss, there needed to be accountability that could only be obtained through legal actions. Throughout the legal process, Nick Morrow and John Sheppard were not only professional and transparent but also compassionate and empathetic as they lead us through the difficult and sometimes confusing legal maze. Every person in their office that was involved with our case exemplified an extension of the genuine concern that began with attorneys Morrow and Sheppard. I have and will continue to recommend this firm to individuals who find themselves in need of legal representation.
Don D.
Don D.
The legal team at Morrow and Shepherd worked hard to help me win my case where a motorist who caused the accident changed her story and lied about the accident. A previous attorney kept telling me that I would probably have to pay some of the medical costs out of my own pocket.Daniel, my attorney, assured me that he would it is best to make sure this did not happen and that he would fight to get me the best compensation possible. He was true to his word.I'm happy with their work, happy with the compensation and would definitely use them again.The Legal Assistant, Chris, was always professional, friendly and polite and a pleasure to work with.A big thanks to the team!Don
Jeff N.
Jeff N.
Nick and his group have helped where they can and are working hard to get a resolution to my injuries. I spoke with 4 different law firms prior to choosing Morrow & Sheppard LLP.ThanksJeff
Elizabeth Swanson V.
Elizabeth Swanson V.
I was referred to Daniel Sheppard because of a car accident I had been in. I was very impressed with how he told me about the process of how things worked and the things to expect. He was very forth coming and always supportive. The experience was a positive one and ended on a great note! I highly recommend him.Elizabeth Varon
Christine E.
Christine E.
Before I engaged John Sheppard, I was concerned that I might lose my case. However, John came onboard, turned things around, and set me on a good course to win. He got up to speed quickly on the facts and determined exactly what we needed to do. He is great at strategy, filing discovery and other motions, and arguing before the court. I was extremely pleased with the outcome of my case. If you need legal help in a personal injury action, commercial law or whatever, hire him immediately! He is a pleasure to work with, will thoroughly explain all to you in a manner you can understand, and will get you the best possible outcome. A+++
BB C.
BB C.
I was seriously injured and they represented me and I was so happy with the outcome and would recommend them to any others seeking professional lawyers. They also set me up with the best doctors. My son and I have now put this lawsuit behind us thanks to Morrow & Sheppard.
Stephen T.
Stephen T.
Phenomenal lawyer. I can not heap enough praise on these guys,.
III 4.
III 4.
Nick Morrow is a GREAT lawyer that really knows his job. He made me feel comfortable about hiring him to handle my case. He’s trustworthy and very compassionate about his work. His staff is awesome also, everyone was nice and friendly to me when I visited the office. The settlement I received exceeded my expectations, it was four times what I expected. I would highly recommend Morrow and Sheppard to anyone needing legal representation. Thanks again Nick!!
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