Charleston Railroad Accident Lawyers

You may be entitled to substantial financial compensation for your injuries if you have been injured in a railroad accident, either as a passenger or a worker. To pursue this, you would need to file a lawsuit against the responsible party and either reach a settlement agreement or win your case in court. A railroad accident lawyer can provide you with vigorous legal representation as you seek the compensation you deserve for your injuries.

South Carolina Has an Extensive Rail System

Trains carry both passengers and freight throughout South Carolina. There are over 2,200 miles of freight rail tracks in the entire state of South Carolina, with about half of those tracks operated by CSX. The state’s extensive rail system includes numerous main lines that either begin or end in Charleston due to the presence of one of the largest ports in the country. According to a recent survey, over 62 million tons of freight either originated, terminated, or passed through South Carolina each year—equivalent to the amount that would require over one million trucks to transport.

Additionally, Amtrak operates five national network lines that run through South Carolina. In 2019, nearly 60,000 people boarded or disembarked from trains in the Charleston area. The number of people traveling by rail is growing, as Amtrak has made efforts to reduce fares, making rail travel more accessible.

Types of Railroad Accidents

People can be injured or killed in railroad accidents in many ways, including:

• Drivers of vehicles and their passengers who are struck by trains at one of the approximately 1,750 grade crossings in South Carolina.
• People who slip and fall on railroad tracks or in stations.
• Railroad workers who suffer any type of physical injury on the job, whether due to an accident or from their daily duties.
• Passengers or workers who are injured in a train crash or derailment.
• Accidents involving hazardous materials transported by freight trains.

Common Causes of Railroad Accidents

Railroad accidents are usually the result of someone’s carelessness or recklessness. Common causes of railroad accidents include:

• Unprotected grade crossings or defective signals that alert motorists of approaching trains.
• Improperly maintained trains or tracks.
• Operator negligence, such as failure to keep a proper lookout or speeding.
• Overworking employees, leading to mistakes when they are fatigued.
• Obstructions or debris on tracks.
• Signal errors or failure to properly communicate with other operators.
• Failure to provide workers with proper training or personal protective equipment.
• Issues related to hazardous materials handling and cargo safety.

Elements of a Railroad Case

Like any other personal injury case, you would need to show that someone was negligent to win a case involving a railroad accident. What is considered negligence depends on the facts and circumstances of your situation. Generally, there are four elements to test for negligence, and you need to prove each one to win your case. These four elements are:

• Someone else owed you a duty of care.
• They breached their duty of care by doing something unreasonable under the circumstances.
• You suffered an injury.
• You would not have been injured but for the actions of the other party.

When you file a railroad accident claim or lawsuit, you have the obligation to meet your burden of proof to win your case. Specifically, you need to prove the facts of your case by a preponderance of the evidence.

Can I Sue My Employer if I Was Injured on the Job?

Injuries that occur while working on the railroad follow a different legal framework than other workplace accidents. A special federal law called the Federal Employers Liability Act (FELA) applies to railroad workers. These cases are fundamentally different from workers’ compensation claims because you need to prove some fault on the part of your employer. FELA cases are often decided by juries, not insurance companies. However, if you can prove your employer was negligent, you may be entitled to a higher payment than you would receive through a Workers’ Compensation claim.

Your compensation under FELA could include:

• Medical expenses
• Full lost wages (not just a portion, as in a Workers’ Compensation claim)
• Pain and suffering from the experience you endured
• Loss of enjoyment of life
• Emotional distress caused by the accident and your injuries

Given the stakes, it is essential that you hire a railroad accident lawyer as soon as possible after being injured.

The Common Carrier Doctrine

If you were injured as a passenger on a railroad, you may be able to sue for financial compensation. Amtrak, being a quasi-governmental entity, has waived its sovereign immunity and is subject to the Common Carrier Doctrine. This doctrine requires that anyone who holds themselves out to transport the general public for a fee must exercise the highest degree of care when transporting passengers. This heightened standard of care can make it easier to prove negligence when you are hurt.

Who May Be Liable in a Railroad Accident Lawsuit?

• The railroad company transporting passengers or cargo.
• The manufacturer of the railroad car or train.
• The driver of a car that caused a collision with the train.
• Train operators or engineers.
• Contractors or subcontractors responsible for track maintenance or equipment repair.
• Third-party companies responsible for hazardous materials handling and cargo safety.

There may be multiple responsible parties, and you can take legal action against anyone to blame for your injuries.

Do I Need a Charleston Railroad Accident Lawyer?

Railroad accident cases often involve significant compensation, and you may be up against a defendant with deep pockets. Investigating train accidents can be complicated, with many sources of evidence to review. Determining the exact amount of compensation you may be entitled to can be challenging. A railroad accident lawyer can estimate the amount of your damages and fight for you to receive the compensation you deserve.

Contact the Charleston Railroad Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Today for Help with Your Case

If you have been injured in a railroad accident, reach out to the Charleston railroad accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Schedule a free initial consultation by calling us today at 843-727-6500 or submitting our online contact form. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients throughout the state.