Railroad Accidents and Injuries
Locomotives and trains weigh hundreds and sometimes thousands of tons and move at high speeds. There are two kinds of train accidents that our office is exceptionally well qualified to handle. Collisions with people trying to cross the tracks at railroad crossings is the first type. The second is injuries to railroad workers, and the actions the railroad
companies take to stop these claims.
Our office has a history of successfully handling both.
Railroad workers must sue under the Federal Employee Liability Act (FELA). There is no "workers' compensations." Whether you are an engineer, MOW worker, or any other classification, you are likely aware of the FELA and aware of how dangerous and stressful your job is. The Law Offices of David N. Damick have been overwhelmingly successful in representing railroad workers throughout the Midwestern states, including suits in Missouri, Illinois, Nebraska, Indiana, Tennessee, Kansas and Arkansas. Our Ability to deal with the railroads, and understand the personal issues an injured worker faces, means overall success, not just a number in the books.
Among threats to personal safety on the railroad is exposure to toxic substances. Our office recently won a record-setting $7,500,000 verdict for a Maintenance of Way employee against Union Pacific, for long-term exposure to creosote and chemicals containing benzene, which caused leukemia. In that effort, and many others, our office consults and assists other railroad attorneys and firms across the country. Talk to us and compare our approach. We prevail, big case or small.
Recent record-setting $7,500,000 toxic exposure verdict against Union Pacific
When a car or truck is hit by a train, it is like a bug hitting a windshield. For that reason, there are federal and state safety guidelines and laws. Our firm is well-versed in the detailed work and subtle traps within those laws. As such, we have been successful where many other firms would not even take the case.
For example, we represented the family
of a woman who was "trespassing" on a railroad trestle when she was hit by a locomotive. The state law asserting that trespassers had no right to suit caused several law firms to decline the case. Our firm carefully examined the track layout and found that the train was speeding, based on calculations deep within the federal statutes. Because the train was negligently speeding, it prevented the mother of six from getting to safety in time. An unprecedented settlement was reached, helping her children to continue their educations. No one in any lawsuit, as far as we can tell, has ever repeated the calculation we uncovered.
Firms with less experience often miss the restrictive federal laws and immunities that must be navigated to bring these cases home, and provide for the lifelong injury railroad accidents cause.