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| TRAIN ACCIDENTS l Frequently Asked Questions |
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"Contact an train accident lawyer to schedule your initial free consultation."
Remember that the laws in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas are different. You should consult with a locomotive / railroad injury lawyer who is familiar with the laws of the State in which you were injured and has experience taking on large insurance companies in the pursuit of compensation for victims of personal injury accidents. |
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| Question: Who is responsible for a railroad-related injury? |
Railroads have a general responsibility for accidents on or around trains, but their specific responsibility depends upon the relationship between the railroad and the person injured. Railroads are held to different standards of duty for employees, passengers, and third parties like motorists or pedestrians.
Railroads owe passengers the highest degree of duty, because they are common carriers. This may make it easier for a passenger to recover damages for injury.
A railroad’s obligation to its employees is covered by the Federal Employers’ Liability Act (FELA). Passed in 1908, FELA requires railroads to provide fair compensation to their employees for injury caused by the railroads’ negligence or hazardous working conditions.
A railroad’s responsibility to motorists or pedestrians depends on the circumstances of the accident. Conditions at the time and place of crossing can change the duty the railroad owes. Claims against railroads for crossing accidents generally fall under state negligence laws. These complicated factors make it wise to consult an attorney with railroad experience after any train-related accident. |
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If you would like to schedule a free initial consultation regarding a train accident related injury, please contact the Shanks Law Firm at (712) 322-2600 or complete our inquiry form.
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© MMVIII Shanks Law Firm. All Rights Reserved Address: 409 West Broadway, Council Bluffs, Iowa 51503 Toll Free: (888) 322-2608
Tel: (712) 322-2600 Fax: (712) 243-2132 Email: info@councilbluffsfelaattorney.com |
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Council Bluffs, Iowa based attorney practicing in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas which include the cities of Council Bluffs, Glenwood, Red Oak, Sioux City, Atlantic, Sidney, Logan, Onawa, Clarinda, and Harlan and the communities that make up Pottawattamie, Mills, Montgomery, Cass, Fremont, Woodbury, Harrison, Monona, Page, Shelby counties in Iowa and Omaha, Blair, Fremont, North Platte, South Sioux City and the communities that make up Douglas Washington, Lincoln and Dakota counties in Nebraska. |
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