What Is A Common Carrier By Railroad?
Railroad worker accidents rose markedly with the increase in railroad use at the turn of the century. For too long, railroad workers had faced on-the-job dangers that most other American employees did not face. As a result, in 1908, the Federal Employers Liability Act (FELA) was passed to afford the protection they needed. It provides the opportunity for victims of railroad worker accidents to file a lawsuit if their employer is found to have any liability at all for the accident.
The law applies to all railroad “common carriers” in this country. A common carrier is one that offers its services to the public. The Act is also limited to those railroads which conduct business across state lines, although that is generally true for any company that is considered a common carrier by railroad.
As a result, victims of railroad worker accidents have greater opportunity to retain FELA attorneys, file FELA lawsuits and claims against their employers, and receive the compensation due them. In addition, a by-product of the FELA legislation is that railroads, knowing they can be held up to 100% liable for accidents to their employees, have stepped up safety standards and oversight, hoping to reduce the number of railroad worker accidents and FELA lawsuits.
Consequences of FELA Legislation
Because of FELA lawsuits, there have been a number of changes in the railroad industry. First, victims of railroad worker accidents have recourse to call FELA attorneys and file FELA lawsuits and claims for injuries suffered on the job. However, those victims must remember that the railroad considers such victims to be opponents in possible litigation. They will quickly call their lawyers and prepare to defend themselves against a possible FELA lawsuit. That means those suffering railroad worker accidents must also enlist the aid of an experienced FELA attorney to ensure they have solid grounds for their FELA lawsuit, with irrefutable evidence. While employees may believe they know the laws that pertain to FELA lawsuits, it is unwise to face a powerful railroad company without FELA attorneys of their own.
In addition, railroads have concentrated on making their own equipment and job sites safer to avoid railroad worker accidents. They realize they owe their workers certain duties, including
- Maintaining a safe workplace to help employees avoid railroad worker accidents
- Regularly inspecting the safety measures of the workplace
- Ensuring proper training, management, and oversight of employees to eliminate railroad worker accidents
- Protecting workers from the negligent or intentionally harmful acts of other employees or visitors
- Ensuring that all safety rules and regulations are enforced
- Eliminating unreasonable and hazardous deadlines and work quotas which often cause railroad worker accidents
Responding to Railroad Worker Accidents
If the worst happens and railroad worker accidents do occur because of general railroad company negligence, faulty equipment, or negligence by another employee or visitor, FELA provides guidelines for employees to seek the appropriate compensation. FELA allows victims of railroad worker accidents to file FELA lawsuits against any of those entities.
Not only can victims of railroad worker accidents and their attorneys file lawsuits, but the families of deceased victims of railroad worker accidents may do so, as well. They have suffered a tragic loss, and they are entitled to hire a FELA attorney to file suit to receive compensation.
However, to receive compensation, an attorney must prove that the defendant was in some way negligent, causing the accident. Even the smallest degree of negligence contributing to the accident constitutes liability under what is known as a “featherweight” burden of proof. That makes it easier for a FELA attorney to pursue their case. However, the victims of railroad employee accidents and their attorney must begin compiling evidence, witnesses, and expert consultants quickly in order to pursue a FELA lawsuit or claim. Memories are short, and without immediate depositions, photos, and other forms of investigation, a lawyer may be unable to prove the required liability.
An attorney must also consider the “comparative negligence” of the parties involved in a FELA lawsuit. Comparative negligence means that a percentage of faults can be assigned to both parties in railroad worker accidents. Victims can only receive compensation for the percentage of fault that their FELA attorney can prove should be assigned to the defendant.
Attorneys must consider the statute of limitations for FELA lawsuits. That time is generally three years from the occurrence of railroad worker accidents. An attorney must file their claim within that period to be eligible for compensation. An accident victim’s attorney must have well-documented evidence for their costs and consequences in order to win compensation in a common carrier railroad worker injury lawsuit. Careful attention and documentation by the injured employee, which their attorney can use in court.
Results of FELA Lawsuits
There can be big financial awards in FELA lawsuits when FELA attorneys are skilled in presenting a strong case. The highest award to date was over $8 million when a teenage victim of railroad worker accidents lost both legs in a switching accident. With the weight of a railroad company fighting to limit such awards, it is vital, to have an experienced FELA attorney fighting for you rights in a FELA lawsuit.