Trespassers Cause Most Railroad Accidents, Employees Hurting the Most
From January to March of 2008, there have been a record number of railroad accidents. There have been approximately 3,000. These incidents have caused injury to almost 2,000 individuals and killed almost 200. An alarming statistic is that trespassers on railroad property have caused over half of these incidents and fatal accidents, and that railroad employees have suffered over 60 percent of the injuries.
In a recent California case, a man who was contemplating suicide ended up surviving the train accident he caused; however, 11 others were killed in the railroad accident and 180 were injured, including railroad employees and passengers. A jury is currently deliberating his fate; the death penalty is being considered.
The facts of the case are as follows: The man trespassed onto railroad property, allegedly because he wanted to commit suicide. He doused his vehicle in gasoline and parked his car on the railroad tracks, hoping to be killed by a passing train. Allegedly, at the last minute, the man changed his mind and decided to flee the vehicle. Shortly thereafter, a Metrolink commuter train crashed into the vehicle. When the train collided with the gasoline-infused vehicle, 11 were instantly killed and hundreds of others sought medical attention for injury.
The man was charged with several criminal charges, including 11 counts of murder, arson and train-wrecking. However, those injured and the families of those killed have also filed numerous civil personal injury lawsuits against him as well. The injured railway employees in this case would also file under general personal injury claims, instead of a FELA claim. Although FELA claims are typically the type of suits filed when a railway employee is injured on the job, FELA claims require employer negligence, which, by the facts of this scenario, is not likely the case here.
This case shows that several lawsuits may be filed in regards to one railroad accident. Further, the types of suits that a victim can file may be impacted by the facts of the case, such as with the railroad employees. An experienced railroad accident attorney will be able to discern what types of claims you should file in order to be most successful in a railroad accident lawsuit. An attorney who is familiar with railroad litigation and the types of claims arising from railroad crashes will be your greatest tool in triumphantly resolving your claim.
The Page//Cagle railroad accident attorneys aggressively litigate FELA lawsuits, as well as other railway related claims. They are dedicated to assisting those injured through railway accidents and are committed to representing those individuals against the railway companies and their insurance providers.
The Page//Cagle St. Louis personal injury lawyers can be directly contacted through their railroad accident website. You can also call them at 314.322.8515 or toll free at 1.866.620.5757. The call and consultation are free.
