What happens and who may be responsible
Fatal railroad injuries can result from collisions, derailments, switching incidents, falls, crush events, electrical hazards, equipment failures, toxic exposures, and other serious workplace conditions. The Federal Railroad Administration (FRA) investigates certain railroad accidents and incidents involving the death or serious injury of railroad employees.
Depending on the facts, responsibility may involve:
- Failure to correct known unsafe conditions
- Unsafe train or railcar movement
- Defective equipment
- Inadequate on-track protection
- Unsafe switching or coupling procedures
- Track or signal failures
- Poor communication
- Electrical or machinery hazards
How FELA applies here
FELA allows a railroad employee’s personal representative to bring a claim when the employee’s death resulted in whole or in part from railroad negligence. The statute identifies surviving spouses and children as primary beneficiaries, followed, in certain circumstances, by parents or dependent next of kin.
A fatal injury does not automatically establish railroad negligence. The investigation may examine equipment, work practices, staffing, training, maintenance, communications, operating records, witness accounts, and other evidence showing why the incident occurred.
Safety bulletin
Lost a Family Member in a Railroad Accident? Consider these steps.
1
Preserve information about the incident
Keep any documents, photographs, messages, railroad correspondence, and information identifying coworkers or other witnesses.
2
Avoid signing important documents before review
Families may receive releases, authorizations, benefit paperwork, or other documents soon after a fatal accident.
3
Talk to a FELA lawyer early
Fatal railroad incidents can trigger investigations by the railroad and government agencies, and important evidence may begin to emerge immediately.
Common issues in fatal railroad injury cases
- Train collisions and derailments
- Switching and coupling incidents
- Workers struck by moving equipment
- Crush and caught-between incidents
- Falls from equipment or structures
- Maintenance-of-way incidents
- Defective machinery or equipment
- Electrical injuries
- Fires and explosions
- Track or signal failures
- Unsafe work procedures
- Toxic or occupational exposures
A wrongful death claim may involve
Depending on the circumstances, a FELA death claim may include losses associated with the worker’s earnings and financial support, as well as other legally recoverable damages available to qualifying beneficiaries.
The specific damages available depend on the facts of the case and the worker’s family circumstances, so each claim requires an individual assessment.
What a fatal railroad injury case may be worth
There is no standard value for a fatal FELA claim. The evaluation may involve the worker’s age, earnings history, expected career, financial contributions to the family, circumstances of the death, and the strength of the evidence showing railroad negligence.
Because FELA identifies specific beneficiaries and rules governing recovery, the family structure and personal representative can also affect how the claim is handled.
Evidence that may matter
Important evidence can include:
- Accident and investigation records: Railroad records and applicable government investigations may help reconstruct how the fatal incident occurred.
- Event recorder and operational data: Depending on the incident, data may document train movement, speed, braking, or other operating information.
- Radio and crew communications: These may help establish instructions, warnings, movements, and communications immediately before the incident.
- Inspection and maintenance records: These may reveal the condition of equipment, track, signals, or machinery relevant to the accident.
- Photos, video, and physical evidence: Scene evidence can help document equipment positions, hazards, damage, and surrounding conditions.
- Witness statements: Coworkers and others with knowledge of the incident or working conditions may provide critical information about what occurred.