Ensuring the functionality and safety of railroad crossings is critical to not only the men and women who work on the railroads but to anyone who traverses these crossings. As such, it’s imperative to understand what steps to take if you are injured because of a broken, malfunctioning, or unsafe railroad crossing. The following blog explores these circumstances in further detail and why it’s in your best interest to connect with an experienced FELA lawyer to discuss your unique situation.
What Constitutes an Unsafe Railroad Crossing?
Generally, an unsafe railroad crossing is one that does not have adequate warning to prevent accidents. For example, the only warning a passing motorist may have of an approaching train is a sign informing them of a railroad crossing ahead, depending on the area. While this may be acceptable in some areas if the sign is obstructed, missing, or damaged, this can be deemed unsafe.
However, you may also find that railroad crossings with an abundance of warnings may also be considered dangerous if the warning signs in place do not function properly. This includes broken gates that do not go down when a train is approaching or broken lights and bells that do not inform motorists of the risks.
Can My Employer Be Held Liable Under FELA?
Unfortunately, many railroad employees sustain severe injuries as a result of the negligence of their employer. For example, if there is an unsafe railroad crossing, and a vehicle is unaware of the approaching train, the two can collide, causing severe injuries for all involved.
In many instances, the railroad company will likely try to blame the driver of the vehicle for the injuries their employee sustained. However, if the railroad crossing was unsafe, the railroad company may likely face liability.
For instance, if the crossing gates did not go down, or the sign warning drivers of the upcoming tracks were damaged or obstructed by overgrown vegetation, this would likely constitute an unsafe crossing, meaning the railroad company responsible for maintaining the area would be held liable.
If you sustained an injury due to the negligence of your employer, file a claim through the Federal Employers’ Liability Act (FELA) to recover compensation for the damages you’ve suffered. However, it’s important to understand that you will likely face a challenge, as the company will likely try to avoid liability for their failure to maintain the railroad crossing.
As such, it’s imperative to understand how an experienced attorney can help represent you during these matters. At Doran & Murphy, our team understands how devastating it can be to sustain an injury that could have been prevented. That’s why we are committed to fighting for the compensation you deserve. Connect with our team to learn how we can guide you through these complex matters.
