A railroad derailment can change a worker’s life significantly, resulting in serious injuries and losses. After a derailment, injured railroad employees may have questions about their rights, legal options, and financial recovery. Understanding what steps to take can help protect both your physical health and legal rights. Continue reading for more information and consult with an experienced train accident lawyer at Doran & Murphy, PLLC today.
What is a Derailment?
A railroad derailment occurs when a train or rail vehicle leaves the tracks unexpectedly. This type of incident can vary significantly in severity, ranging from minor incidents where wheels slip off the track to major accidents where multiple cars veer completely off their path, potentially causing extensive damage and posing risks to those nearby.
How Do Derailments Occur?
Several factors contribute to a derailment, which often results from equipment failure, infrastructure issues, or human error. Common causes include:
- Mechanical failures: Defects in essential components, such as wheels, bearings, or braking systems, can prevent the train from navigating the tracks properly.
- Track-related issues: Broken or damaged rails, improper maintenance of the track bed, and failure to properly inspect or maintain rails, rail welds, or switches can create unstable conditions that cause a train to leave the tracks.
- Human error: Operational mistakes are often a factor, including operating a train at excessive speeds, failing to apply brakes accurately, or misaligning switches.
- Operational oversights: Poor communication between crew members or a failure to follow established safety procedures can lead to miscalculations that result in a derailment.
Why Are Derailments Dangerous for Workers?
Derailments are extremely dangerous for railroad workers because of the force and hazardous environments involved. When a train leaves the tracks, the massive impact can cause catastrophic crush injuries, trapping workers inside cabs or pinning them under heavy equipment. If the train is transporting hazardous materials, workers may also be exposed to toxic chemicals or, in less common cases, radioactive materials, potentially leading to severe burns, long-term respiratory illness, or increased cancer risks. These accidents can result in permanent disability, amputations, or complex trauma.
What Should I Do After a Derailment?
If you are involved in a railroad derailment, your first priority should be to seek immediate medical attention for any injuries, even those that seem minor. It is essential to ensure all injuries are thoroughly documented by healthcare professionals.
Next, promptly report the incident to your supervisor in accordance with railroad procedures and ensure the accident is properly documented. If it is safe to do so, gather evidence by taking photos of the scene, the tracks, and the equipment involved, and collect contact information from any witnesses.
Avoid making formal statements or signing any documents presented by the railroad company without first consulting a lawyer, as these actions could negatively impact future injury claims. It is highly recommended that you contact a qualified railroad accident attorney to understand your rights under the Federal Employers’ Liability Act (FELA). Because railroad companies and their claims representatives may attempt to limit the company’s legal liability, consulting an experienced FELA attorney can help ensure your rights are protected.
