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According to the Federal Railroad Administration, a train accident is defined as any “collision, derailment, and other event involving the operation of on-track equipment and causing reportable damage above an established threshold; impacts between railroad on-track equipment and highway users at crossings; and all other incidents or exposures that cause a fatality or injury to any person, or an occupational illness to a railroad employee.” Train accidents are usually a result of train collisions with automobiles, pedestrians or other trains, derailments, mechanical failure, grade crossings, or other circumstances. Negligence on behalf of the railroad company is often the cause of train accident injuries.
Each year in the United States approximately three thousand train accidents occur, resulting in over 1000 deaths. Approximately six thousand railroad workers are injured or killed each year in train incidents. Every two weeks in the United States, a train carrying hazardous material derails and causes environmental and equipment damages. Under federal law, victims of train accident injuries have the right to seek monetary compensation from the railroad company when the company is proven to be at fault.
Railroad company employees are protected under the Federal Employers Liability Act (FELA) which allows employees to seek compensation and benefits from their employers when the railroad company''s negligence is proven to be the cause of their injuries. This law is intended to help railroad workers and their families recover from injury or fatality. Non-railroad employee victims who are injured as a result of train company negligence also have the right to seek restitution for their injuries under federal law.
When a victim files a claim against the railroad company for damages, the company''s legal and insurance experts are responsible for handling the train accident settlement. A train accident settlement is the monetary negotiations between yourself and the company to decide how much you will be awarded. The objective of the company is to give you as little compensation as possible. It is wise to seek legal counsel who can help maximize and protect your interests during your train accident settlement. These attorneys are trained in railroad law and know how to negotiate your case so that you can receive fair compensation for your suffering.
Attorneys are also the only ones who can turn your claim into a lawsuit, should you choose not to handle your case through a train accident settlement. In these cases, a judge will decide what the awards in your case will be. You have a greater likelihood of recovering your damages in these cases- or through a train accident settlement- with the help of an attorney.
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