FELA
Railroad Law
Thornton Mostul, PLLC is the experienced, dedicated firm that you need to represent you in legal matters specific to the railroad industry.
Federal Employers Liability Act (FELA)
Railroad Safety
TAMPERING WITH EVIDENCE
We represented the engineer and conductor in a train that collided with a commercial truck at a crossing. A judge later found that a railroad supervisor tampered with the evidence. The judge found the railroad liable because of the tampering and the cases were settled for a substantial...
VAN ROLL OVER
A deadhead crew hauler van lost control in snow and ice and rolled over, injuring several of the occupants of the van and killing the driver. The railroad claimed the accident was partially the fault of the passengers, who had authority to control the driver. One of the passengers suffered brain...
CUMULATIVE TRAUMA
The statute of limitation on railroad injury claims is generally three years, and it starts to run from when the employee knew or should have known there was an injury caused by work. In one case we handled, the employee injured his knee 15 years earlier and had settled the claim for a small amount...
TRAIN COLLISION
Two trains collide on the main line at a high speed and everyone on board is killed. In one of the cases, the railroad attempted to blame the accident on the train crew and actually sued the deceased employee for the cost of replacing the locomotive and other equipment destroyed in the accident. ...
FAILED GRAB IRON
We have handled several cases involving injuries caused when a grab iron unexpectedly breaks in use. Under general law, we would normally have to prove the railroad knew or should have known the grab iron was defective and likely to break. The Safety Appliance Act imposes strict liability on the...
CLOSE CLEARANCE
Conductor is riding rail car through an industry. Steel pallets are left too close to the track and conductor’s leg is pinched between a pallet and car. Railroad tries to blame employee for his own injury. We prevailed and obtained a substantial confidential settlement.
TRAIN YARD INCIDENT
Longtime switchman had dominant hand crushed between railroad cars during switching. Employee was alone and there were no other witnesses. Railroad spent a substantial amount of money on expert witnesses and claimed accident was employee’s fault. Railroad also claimed employee could work as a...