Friday, March 19, 2010

MBTA, Amtrak & Acela Train Accidents

Accidents involving railroads and trains are different in that they have specific rules depending on whether the victim is a railway worker or a third party. If a railroad worker such as an Amtrak, MBTA employee, union member or Brotherhood of Maintenance of Way Employee is injured, his or her claim may be subject to the Federal Employers Liability Act. Railroad employees have special rights preserved under FELA which has protected railroad workers since the early 1900’s. FELA allows an injured railroad employee to bring a direct lawsuit directly against his employer. A railway worker injured on the job is not barred by the Workers Compensation Act.

A train accident lawyer should be familiar with the intricacies of FELA, and conducts a thorough investigation the accidents and similar incidents in order to determine the root cause and identify any contributing factors as possible. Examples of train accident cases which warrant investigation by an experienced train accident law firm include:

A collision, derailment, or passenger train incident resulting in at least one fatality or serious injury to railroad passengers or crew members;
Any on-the-job serious injury involving a railroad employee;
Any fatality including contract employees, regardless of craft;
Certain highway-rail grade crossing collisions resulting in, a death of one or more persons in a commercial motor vehicle or school bus; or serious injuries sustained by several persons transported by such vehicles;
Accidents or incidents involving serious injury to MBTA or Amtrak passenger trains;
Derailment of a locomotive and/or cars, resulting in serious injury or death;
Accidents or incidents resulting in a serious fire, explosion, or unintended release of hazardous materials, and incidents involving an evacuation, injury or death;
Collisions between trains and maintenance-of-way or hi-rail equipment resulting in death;
Incidents caused by failure of a locomotive or any part of a locomotive, or a person coming in contact with an electrical power sources that result in a serious injury or death of one or more persons; and
Issues involving failure to give foul time or accidents or incidents that arouse considerable public interest.

To contact an attorney reviewing railroad accident cases, please fill out the free railroad accident evaluation form below.

Once you submit your form, your contact information will be sent to the sponsored Massachusetts attorney or law firm listed below. That lawyer will review your form in accordance with the site terms and conditions and may contact you to discuss your case. There is no cost or obligation for this service. This form will be sent to:

Attorney Justin R. Cook
Sheff Law Offices, P.C.
10 Tremont Street
7th Floor, Daniel Webster Suite
Boston, MA 02108
(617) 227-7000 X15

Free Amtrak & Acela Accidents Consultation

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