Ohio Train Accident and Liability Issues

Railroad companies can be held liable for injuries caused by derailments of or on their property.

2012-08-12

August 12, 2012 (Press-News.org) In July, a 98-car freight train derailed north of Columbus. Sixteen cars careened off the track, causing an explosion and fire. Several of the derailed tank cars carried highly flammable ethanol. The incident raises questions about who is responsible in the event of a train accident.

Investigating Possible Causes

Fortunately, no one was hurt or killed in the recent Ohio accident. A preliminary investigation found that the operator was not speeding at the time the cars derailed. The operator was traveling below the recommended top speed as he rounded the curve where the derailment occurred. Inspectors did not initially find any flaws with the physical track in the area of the accident. However, a full investigation will take more time.

Train Crash Risks and Liability

Unfortunately, derailments like the one near Columbus are not uncommon in Ohio or the nation as a whole. Between January and April of this year, 389 derailments occurred in the United States, including 22 in Ohio. Ninety-six of the derailments occurred on main lines just like the one in Columbus. Last year, there were 65 derailments in Ohio and 1,451 nationwide on main lines.

Fortunately, there are legal options for those injured in a train derailment, including those who work on the railroad. Companies are required to provide reasonably safe working environments for their employees as well as adequate safety training and inspections of equipment. While third parties injured by trains can recover damages through a personal injury lawsuit, the Federal Employers Liability Act (FELA) protects workers.

FELA: The Federal Employers Liability Act

Over 100 years old, FELA protects railroad workers in the event of a workplace injury and allows injured parties to claim compensation directly from the employer or through a civil lawsuit. Injured employees must prove that an employer's negligence played at least a small role in their injuries, a burden of proof less than that in a typical personal injury case.

Injured employees are able to collect past and future lost wages and compensation for medical treatment. Damages for pain and suffering, both physical and mental, can also be pursued. To understand how FELA protects your rights or to file a personal injury claim against a railroad company, please contact an experienced personal injury attorney.

Article provided by Gervelis Law Firm
Visit us at www.gervelislaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Supreme Court Revisits Rule for Admitting Crime Lab Evidence at Trial

2012-08-12

The Sixth Amendment to the U.S. Constitution guarantees a defendant in a criminal case the right "to be confronted with the witnesses against him." This means that anyone facing criminal charges should be able to meet their accusers in court and test the evidence being offered against them through the purifying fire of cross-examination. In a limited array of circumstances, testimonial statements may be admitted into evidence, but generally only when the person who made the statement is unavailable to appear in court, and when the defendant had some prior opportunity ...

DUI Citations Issued Even When BAC Below Legal Limit

2012-08-12

Many states have passed laws setting minimum blood alcohol content requirements for those who get behind the wheel of a car. For most states, including Arizona, anyone driving with a blood alcohol content (BAC) of 0.08 or higher is over the legal limit. So, not surprisingly, many believe that a BAC lower than 0.08 in Arizona cannot lead to arrest. Unfortunately, as some drivers throughout the state are finding out, this is not true. In Arizona, an officer has the ability to arrest drivers and charge them with a DUI in Arizona for any BAC as long as they have Probable ...

Umansky Law Firm Successfully Defends Aggravated Assault Case

2012-08-12

Orlando criminal defense attorney Zahra Umansky of the Umansky Law Firm was successfully able to get the charges against her client dropped in an Aggravated Assault with a Firearm Case. The client was charged with firing a weapon towards the alleged victim, which according to Florida's "10/20/Life" sentencing, would have easily resulted in a minimum mandatory sentencing of 20 years in prison. Because Zahra Umansky was able to get these charges dropped, the client will not be facing any criminal consequences. Aggravated Assault with a Firearm is a serious matter ...

Los Angeles Personal Injury Attorney Michael P. Ehline Offers Quality Legal Representation for Auto Accident Cases

2012-08-12

Victims that suffer injuries in Los Angeles County, are typically unacquainted with the steps that should take place from the moment they are injured that will provide protection of their health and finances. Los Angeles is the second largest city, within the largest county (Los Angeles), in the USA. Tourists come here in droves, and are often seriously hurt in car accidents or motorcycle accident cases, requiring medical treatment, caused by the negligence of another party (bike accidents, for example). Tourists and local beach-goers alike, often rent motor vehicles like ...

King Ice Holds Cypher Contest for Sponsorship

2012-08-12

King Ice, an online retailer of hip hop bling, is holding a contest where hip hop artists compete to be included on the company's cypher. In hip hop a cypher is when multiple artists recite pre-written verses or freestyle over a continuous beat. The King Ice cypher features artists from Team King Ice, a group of emerging hip hop artists sponsored by the company. The first King Ice cypher includes verses from Ex-Cell, Yung Rob, Reeves, Syko Solja, & L. Rucus. Participants are required to follow a few rules to enter the contest. King Ice has provided an informational ...

Mega Bingo and Slots of Bingo are the Most Popular Games at King Jackpot

2012-08-12

King Jackpot is a popular choice for real money Internet bingo games. Within just a few years the site has managed to make a place for itself in the online gambling industry thanks to its high quality standards and prompt payouts. King Jackpot is one of the fastest growing online bingo rooms in the UK. The site offers a number of bingo variations, casino games, slots games and video poker. Mega Bingo and 5 Reel Slots of Bingo are the most popular games at the site. Mega Bingo is a networked game of online bingo. This means that it is played across all the sites powered ...

Daily aspirin usage associated with lower cancer mortality

2012-08-11

Daily aspirin usage is associated with lower overall cancer mortality, but the association may be smaller than what was previously believed, according to a study published August 10 in the Journal of the National Cancer Institute. A recent pooled analysis of randomized trials looking at the effects of daily aspirin use as a preventive measure for vascular events found a significant decrease in overall cancer mortality, of 37%, during a 5-year follow-up analysis, and 15% during a ten-year follow-up. Despite this finding, the effects of long-term daily aspirin use on cancer ...

Study adds to evidence daily aspirin linked to lower cancer mortality

2012-08-11

ATLANTA – August 10, 2012–A large new observational study finds more evidence of an association between daily aspirin use and modestly lower cancer mortality, but suggests any reduction may be smaller than that observed in a recent analysis. The study, appearing early online in the Journal of the National Cancer Institute (JNCI), provides additional support for a potential benefit of daily aspirin use for cancer mortality, but the authors say important questions remain about the size of the potential benefit. A recent analysis pooling results from existing randomized ...

Research shows gene defect's role in autism-like behavior

2012-08-11

Scientists affiliated with the UC Davis MIND Institute have discovered how a defective gene causes brain changes that lead to the atypical social behavior characteristic of autism. The research offers a potential target for drugs to treat the condition. Earlier research already has shown that the gene is defective in children with autism, but its effect on neurons in the brain was not known. The new studies in mice show that abnormal action of just this one gene disrupted energy use in neurons. The harmful changes were coupled with antisocial and prolonged repetitive ...

Study of fruit fly chromosomes improves understanding of evolution and fertility

2012-08-11

VIDEO: This video features an interview with Tim Karr, a researcher at the Biodesign Institute at Arizona State University. Click here for more information. The propagation of every animal on the planet is the result of sexual activity between males and females of a given species. But how did things get this way? Why two sexes instead of one? Why are sperm necessary for reproduction and how did they evolve? These as-yet-unresolved issues fascinate Timothy Karr, a developmental ...

Ohio Train Accident and Liability Issues

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: