When you are employed by a railroad company, part of your responsibilities may include traveling between job sites. As such, you’ll find that the railroad company may provide your transportation through carryall vans. However, when you are involved in an accident while aboard one of these carryall vans, you may be unsure of your options. As such, the following blog explores what you should know about these accidents, including your rights and why you should call an experienced FELA lawyer to help you fight for your rights during these difficult times.
How Do Van Transportation Accidents Happen?
Unfortunately, just like traditional accidents, you’ll find that there are a number of ways in which a van transportation accident can occur. These include, but are not limited to, the following:
- The driver was texting, eating, or otherwise distracted while behind the wheel
- The driver was under the influence of drugs or alcohol
- The driver had been scheduled to work without adequate break time, leading to fatigue
- The driver may have been negligent and ignored traffic signs
- The vehicle was improperly maintained by the transportation company and mechanical failures or defects occurred
You should note that while the van operator is primarily responsible for a number of these aforementioned matters, you should note that other drivers on the road, as well as mechanical defects with the vehicle, can also lead to injuries.
Are My Injuries Covered Under FELA?
When you are injured as a passenger in a carryall van, it’s important to understand who can face liability for the injuries you’ve sustained. While you may assume that only the driver of the vehicle can face liability, this is generally not true. In reality, you’ll find that your employer will face responsibility. This is because your employer has contracted the transportation company, and under the Federal Employers’ Liability Act (FELA), your employer can face liability for the actions of their hired contractors.
However, you should also note that the company responsible for the van operations can still face liability for the negligent actions of its drivers. Generally, this would constitute a third-party claim. Additionally, if another driver, not the van operator, is responsible for the accident, you would have to pursue a claim against that individual. Finally, if the van is in poor condition and mechanical errors left you injured, your employer can face liability. This is because they are responsible for hiring the contractor, who, in turn, is responsible for ensuring the vehicle is properly maintained.
As you can see, a number of factors can lead to an accident while you’re being transported from job site to job site as a railroad employee. That is why it’s in your best interest to connect with an experienced attorney to discuss your legal options. At Doran & Murphy, we understand hw difficult it can be to navigate these complicated situations, which is why we will do everything in our power to help you recover the compensation you deserve. Contact us today to learn how we can assist you.
