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Railroad Accident Types and Factors
According to the American Road and Transportation Builders Association, there are over 130,000 miles of railroad tracks in the United States. The trains that run along these tracks crisscross the American landscape, transporting heavy freight, agricultural products, and people from one location to another. The rail lines they follow often cross one another, cross over and under roads and bridges, and wind through tunnels. These conditions frequently place both passengers and freight trains in close proximity with pedestrians, vehicles, and buildings, and unfortunately, accidents can happen.
The most common types of accidents that occur include highway-rail accidents (e.g., train-car, train-pedestrian), train derailment, train-train collisions, and single-train accidents. Statistics from the Federal Railroad Administration Office of Safety Analysis revealed that a combined total of over 11,300 accidents occurred on America’s railways in one year alone. Single train accidents accounted for 17.7% of all reported accidents. Only 5.27% of these involved passenger trains and only 1% involved the release of hazardous material. Deaths, injuries, and occupational illnesses to railroad employees accounted for 65% of all accidents reported. With specific regard to the passenger train industry, only six deaths were reported; however, a total of 1,512 individuals were injured in railroad accidents.
Railroad accidents may occur for a number of reasons, including mechanical failure, improper equipment maintenance, failure of railroad tracks and/or equipment, human error, and excessive loads of cargo. The Federal Railroad Association reports that over 50% of all railroad accidents in the U.S. occur at unprotected rail crossings, and more than 80% of all rail crossings lack adequate warning devices to alert motorists and pedestrians that a train is approaching.
Since there is a multitude of factors that can potentially lead to a railroad accident, it can often be difficult for a victim to determine who can be held responsible for their physical and emotional injuries, as well as their loss of wages. When you add into the mix the routine and detailed investigations that are conducted by the National Transportation and Safety Board, as well as the investigations by state and local agencies, and the railroad company’s legal counsel, things can get complicated fast. Railroad employees face an even tougher challenge when they are injured on the job, as the Federal Employers Liability Act (FELA) prohibits railroad employees from filing traditional workers’ compensation claims. Railroad employees must instead file claims through FELA, through a process that requires employees to navigate a complex system in order to demonstrate liability.
The insurance companies and attorneys who represent railroad companies understand that the aftermath of a railroad accident can be overwhelming. They also know that these adverse circumstances can leave victims fearful of their mounting medical bills and inability to work. Often, they will attempt to capitalize on this vulnerability by offering victims a quick cash settlement, which may be much less than is needed to cover the victim’s needs, as well as much less than could be obtained if a skilled injury lawyer negotiated on behalf of the victim.
For these reasons, it is important to seek the counsel of a qualified attorney who has experience in handling railroad accident cases, regardless of whether the victim is a railroad employee or a bystander. They can protect the best interests of the victim and work on his or her behalf to ensure that they receive adequate compensation for their physical injuries, loss of income, and pain and suffering.
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What Can You Do When Your Elderly Parent Gets Injured in a Nursing Home? Part 1
With the number of senior citizens growing by about 20,000 every day, the number of people who have a parent, close family member, or loved one in a nursing home environment is exploding. Unfortunately, the number of elderly people who suffer injuries as the result of abuse or neglect in these facilities is also on the rise. Not only that, but the number of cases actually reported every year may be just the tip of the iceberg when it comes to nursing home abuse and neglect injuries.
So what are people to do when they believe that their loved ones have been injured as the result of elder abuse or neglect? What options do you have? How can you help your elderly loved one?
Today we are going to start a two-part discussion on some essential issues surrounding eldercare abuse and neglect. As always, if you have specific questions or need legal advice, you should always speak to an experienced personal injury attorney in your area.
Elder Abuse
When seniors or other people are injured in a nursing home, assisted living, or similar type of facility, there are two basic types of situations that you must consider: abuse and neglect. Abuse occurs when someone intentionally tries to harm an elderly person, or that person’s interests.
There are many different kinds of elder abuse, including physical or psychological abuse, sexual abuse, and even financial abuse. In elder abuse situations, a nursing home or eldercare facility employee intentionally harms the elderly person or his or her interests. An elderly person who is harmed as a result of abuse can often sue both the people who caused the harm, as well as the nursing home employing that person. In many situations involving elder abuse, it’s possible that prosecutors could also file criminal charges against those who abused the elderly person.
Neglect
Neglect, though it is itself a type of abuse, is different than the intentional actions involved in many abuse cases. When an elderly person resides in a nursing home or eldercare facility, that facility has an obligation to provide the elderly person with care. This care can be anything from occasional assistance with transportation, to regular assistance with daily activities such as bathing or eating, or even round-the-clock assistance for those with significant disabilities or medical conditions. When an eldercare facility fails to provide the requisite care, that neglect can often lead to serious injuries.
Neglect can also come in different forms, often referred to as passive and active neglect. Passive neglect takes place when the caregiver forgets to provide the necessary assistance, while active neglect involves a caregiver that intentionally fails to provide help to the elderly person.
In either situation, an elderly person who suffers an injury as a result of neglect at the hands of a nursing home or eldercare facility employee can sue that facility for negligence and recover damages he or she might have suffered. If you believe your loved one has experienced elder abuse or neglect, it is best to speak with a personal injury attorney right away.
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