RAILROAD ACCIDENTS


Cincinnati Personal Injury Lawyer Reviewing Cases for injured plaintiffs in Ohio and Nationwide
Nationwide Success

Protecting The Wrongfully Injured

According to the U.S. Department of Transportation, train accidents cause around 600 deaths each year in the United States, the majority of which occur at railroad crossings. Statistics reveal that about every four hours a person or vehicle is hit by a train. Highway-rail crossing incidents account for one-third of all rail-related fatalities.

These extremely dangerous accidents are caused by a number of factors, all of which potential carry deadly consequences. Railroads could be at fault for accidents whether they occur due to human error, equipment malfunction, track issues, or defective safety devices.

Joe Lyon is an experienced workplace negligence attorney. If you or a loved one has been injured in an accident involving trains and railways, do not hesitate to contact the Lyon Firm for effective legal representation.


Causes of Railroad Accidents


Human error is the highest contributing factor in all railroad accidents. Train operators may have a lack of proper training, and railroad personnel has a history of causing accidents when distracted.

Defective infrastructure and safety equipment also cause many accidents each year, typically not discovered until after an incident already occurs.

Many American trains and railroads are quite old and utilize outdated mechanical technology that is prone to failure. Even so, railroad companies are responsible for ensuring all equipment and rail lines operate safely. The most common causes of railroad accidents include:

•    Explosions
•    Equipment failure
•    Obstructions on track
•    Track defects
•    Signal malfunctions
•    Switch failures
•    Malfunctioning crossties


Occupational Railroad Injuries


Railway workers regularly suffer serious injuries while on the job, and often develop occupational diseases from exposure to dangerous chemicals and materials. Industrial jobs like rail-related occupations are some of the most dangerous jobs in the nation. The U.S Department of Labor has reported that rail yard engineers have much higher rates of occupational injuries than other jobs.

Rail engineers, conductors and yardmasters have a higher rate of injuries and illnesses than the national average. Railroad workers can be seriously injured in several capacities of their position, including on the railway yard, on the tracks, or on a train. Employee accidents range from train derailment to developing occupational cancer.

Some of the more serious injuries may include the following:

•   Head and Neck injuries
•    Broken bones
•    Crush Injuries
•    Neck & Spinal Injury
•    Amputation
•    Burn injuries
•    Wrongful death


Common Dangers for Railroad Workers


Aside from common accidents and injuries, railroad workers may develop serious illnesses related to toxic chemicals around the workplace. Toxic hazards in the railroad industry are rather widespread. Workers may be exposed to the following dangerous materials:

•    Lead
•    Asbestos
•    Liquefied petroleum gas (LPG)
•    Benzene


Benzene and asbestos are particularly toxic substances, now heavily regulated by the federal government. Exposure to these materials may cause certain types of cancer.


Legal Action for Rail Workers and Train Accident Victims


Many victims of train accidents, both passengers and railroad employees, have filed claims against Amtrak and other train operators. Any passenger can file a lawsuit if an injury occurs when a train company is potentially at fault.

For employees of rail companies, the Federal Employers Liability Act (FELA) states that train and railroad workers haveworkers comp from their employers when they are placed in unsafe working conditions that cause injury or death. Under this act, any rail worker can hold their employer liable for the following:

•    Unsafe work conditions
•    Faulty equipment
•    Defective safety devices
•    Lack of safety inspections
•    Inadequate training
•    Lack of enforcement of safety rules and regulations

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A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Industrial Accident Cases

What are the types of Industrial Accident Cases?

Equipment rollovers and falls are the main causes of injury and death in industry. For workers on foot, being struck by heavy equipment or trucks are major causes of death.

Vehicle and forklift overturns are a leading cause of injuries and fatalities. Each year in the United States, nearly 100 workers are killed and another 20,000 are seriously injured in forklift-related incidents.

Falls on the job are no less fatal. In the United States each year, over 500 workers die as a result of falls from elevations.

Other preventable events include the following:

What is an Arc Flash Injury?

Arc flash accidents are an electrical occurrence when an electrical current deviates from its designated path and travels to another conductor. If a worker is hit by an arc flash or is even near one, they are likely to suffer severe electrical injury.

Anything from dropping a tool to faulty wiring can cause an arc flash accident. Poorly maintained materials or electrical systems can lead to arc flash incidents. An electric shock, burns, fires and damage is likely following an arc flash. Employers are urged to protect workers from arc flash injury, with the following prevention methods:

  • De-energize electrical circuits while working
  • Use proper insulation and guarding
  • Provide workers with work barricades
  • Install adequate ground fault circuit interrupters
  • Provide workers with personal safety equipment
  • Place warning labels regarding arc flash hazards
Can product liability be included in industrial accident litigation?

Each year, industrial accidents generate millions in settlements and verdicts for victims. Product liability issues cannot be discounted. In many past incidents, industrial equipment has been found to be inherently flawed. If machinery is found to have a faulty design or missing safety components, victims and their attorneys can file suit against large industrial manufacturers.

The legal options will depend on what caused the industrial accident and injury. Industrial accident injuries are usually permanent and should be addressed by a lawyer qualified in complex personal injury matters. Mr. Lyon has successfully litigated numerous industrial injury cases and obtained settlements for workers, over and beyond their workers comp.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Industrial Accident Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Industrial accident lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

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