Kansas City Train Accident Lawyers

Federal Employee Liability Act (FELA)

The Federal Employers Liability Act (FELA) provides railroad workers with the ability to file federal workers’ compensation claims. This act was passed and subsequently modified during the 1900s. During this period, there was a significant number of workers harmed in accidents while
on the job. As a result, the government legislated protection that provided injured train workers with compensation and other benefits. FELA was established to help both victims who are injured in accidents as well as families who have lost loved ones during work accidents.

If you are a railroad worker who suffered injuries in an accident, you must take legal action right away. Our Kansas City train accident attorneys can help guide you through the claims process and help to educate you with regard to your rights as a victim.

When pursuing a FELA claim, it is essential that you take various steps to ensure you have the strongest case possible. This includes:

• You are seeking medical assistance in a timely fashion. You will want to follow your
  doctor’s instructions carefully and attend all recommended follow-up appointments.
• Report the accident and your injuries to your employer as soon as possible. Immediately
  after seeking medical care, you should report the incident.
• Seek legal guidance from our knowledgeable train collision attorneys in Kansas City.

Our lawyers at Peterson & Associates, P.C., will conduct an independent investigation surrounding your accident. We will review your employer’s investigation and prepare litigation on your behalf.

Our lawyers will help you secure fair compensation for your injuries and damages and help you obtain the outcome you expect for your lawsuit.

Contact our Kansas City office today to schedule a free consultation to get started.

Train Accident Statistics

Each year, the National Safety Council analyzes data on train accidents across the United States. Recent reports demonstrate that train accidents continue to take place at an alarming rate here in Kansas City, Missouri, and across the United States.

Reports provided by the National Safety Council show that nearly 760 people lost their lives as a result of train accidents across the United States in 2020. A total of 5,479 people suffered injuries as a result of these crashes.

Approximately 12% of train accidents occurred in rail-crossing areas. Roughly 2% of these accidents occurred in highway-rail crossing areas. More than 50% of train accidents occur at unprotected crossing areas.

Reports provided by the Federal Railroad Administration show that around one person loses their life as a result of a train accident every 100 minutes in the United States.

People who are inside vehicles that collide with trains are 40-times more likely to die in crashes than those who are involved in collisions with cars or trucks of comparable sizes.

Approximately every 14-days, a train is carrying some hazardous material derails in the United States.

Top Causes of Train Accidents

Like other types of motor vehicle accidents, train accidents can often be attributed to many factors. Although every case is truly unique, some of the most common causes of train accidents that we see include:

Human error: When conductors are inexperienced, train accidents may be inevitable. Even conductors who have been working in the railroad industry for an extended time can make simple mistakes that cost lives. In addition to inexperience, we see many train accidents take place due to fatigued conductors. It is nearly impossible to operate a train while exhausted safely. However, we see many conductors attempt to do so due to the pressures they face from the railing company and their supervisors.

Negligence: Railroad accidents caused by negligence can be blamed on various parties involved. In some instances, train accidents are caused by the railroad company itself. Other crashes can be attributed to the conductor, a negligent employee, or another negligent party. Common examples of negligence include:

• Improper operation of crossing arms
• Failing to turn on signal lights
• The use of outdated technology
  

Reckless drivers/pedestrians: There are cases where train accidents are not caused by the operator or train companies. Instead, they are a result of other drivers and pedestrians who act negligently in crossing areas. When vehicles or pedestrians cross tracks at the wrong time, drivers leave vehicles parked on tracks, or vehicles attempt to beat trains across the tracks, they can cause catastrophic collisions.

Mechanical failures: There are thousands of moving parts that go together to ensure trains
function properly. When any part fails, it can have life-changing consequences. Although rare, mechanical failures and defective parts can cause train crashes that result in serious injuries.

Speeding trains: There are many instances where railroad accidents can be attributed to
speeding. Traveling at a high rate of speed increases the risk that a conductor will lose control of the train. Studies have repeatedly found that the faster a train travels, the worse the consequences
become during collisions.

Derailments: When trains run off the rails, either due to a collision with another vehicle or with an object, a conductor error, broken rails, defective wheels, or a mechanical failure, it can have severe consequences. These crashes are particularly devastating due to the fact that trains are often traveling at a high rate of speed when the train collision occurs.

Defective tracks: It is important that train tracks are clear and free of any defects. When there are obstructions on the tracks, it can cause trains to derail entirely. It is important that conductors are aware of their surroundings at all times in order to manage any potentially dangerous situations that may arise in a safe and effective manner. However, there are cases where conductors fail to notice obstructions in time to avoid a railroad accident.

Unprotected railroad crossing areas: Over 80% of railroad crossings in the United States do not have property safety railing. Many crossings lack lights and gates, while main crossing areas on train tracks are entirely unprotected. Without adequate warning, drivers may not be able to avoid crashes with trains. In many cases, crashes at unprotected railroad crossing areas can be attributed to:

• Drivers who are intoxicated
• drivers who are distracted
• Drivers who attempt to race trains
• Poor visibility
• Malfunctioning signals
• Obstructions that block the view of drivers at crossing areas
• Conductors who fail to sound an alarm while traveling in the area