Train Accident Attorney
FELA Lawyer
The train accident attorneys at Pocrass & De Los Reyes can help you if you suffered serious train accident injuries or lost a loved one to a wrongful death because of a Metrolink train crash or Amtrak accident.
The laws are very different depending on whether you were a passenger on a Metrolink train, or if you were a railroad worker who was injured while working for a railroad.
The train accident attorneys at Pocrass & De Los Reyes are experienced in recovering significant verdicts and settlements for people injured or killed in a train accident or a Metrolink train crash. Contact a train accident attorney for a free, no-obligation consultation.
A Train Accident or Metrolink Train Crash
Common types of train accidents include:
- Train collisions
- Derailments
- Train – Auto Accident
- Pedestrian – Auto Accident
Whichever type of train accident or Metrolink train crash caused your serious injuries, it is critical to your future that you are represented by an experienced train accident attorney.
The laws that govern train accidents and Metrolink train crashes are very complicated. It takes a train accident attorney with experience to know how to investigate a train accident to determine if the railroad is liable for the accident and, if they are liable, to what degree they are liable. All of these elements determine what your case “is worth.”
Railroad Workers and FELA
At the turn of the 20th century, the railroad industry was expanding quickly without any care or concern for the safety standards of railroad workers.
Railroad employees were injured and killed as a matter of course, and the railroads barely compensated them for their injuries or their families for the death of their breadwinner. As a result, in 1906, Congress enacted the Federal Employees Liability Act (FELA) to provide compensation for railroad employees who sustain injuries on the job.
What an Injured Railroad Worker Must Prove
Unlike worker’s compensation laws, under FELA an injured railroad employee must prove that the railroad was at fault and could have prevented the employee’s injuries or death.
Under FELA, an injured railroad worker must prove:
- The accident happened while the railroad worker was on the job with the railroad.
- The railroad was negligent (at fault).
- The railroad’s negligence played some part (even the slightest part), in causing the injury or death.
What You Can Recover Under FELA
Under FELA, the family of a railroad employee who suffered a wrongful death or an injured railroad employee is entitled to recover compensation for:
- Past, present and probable future harm attributable to the railroad’s negligence
- Pain & suffering
- Past and future lost wages and benefits
- Emotional distress injuries.
To protect your case, it is critical that you contact the railroad accident attorneys at Pocrass & De Los Reyes BEFORE completing an accident report and giving a statement to the railroad.
The Cost of a Train Accident Attorney
The railroad accident attorneys and Metrolink train crash attorneys at Pocrass & De Los Reyes take train accident cases – including FELA cases – on a contingency basis. This means YOU PAY NOTHING until your case is resolved.
It is important that you contact a train accident attorney as soon as possible. The railroad has an army of attorneys who are committed to protecting the railroad from liability. You need someone on your side to protect and to fight for you.
Also, there is a statute of limitations (deadline) on all legal cases. If you do not file your case by its deadline, you lose all rights to ever file that case.
Contact a Train Accident Attorney
We have successfully represented victims of train accidents and injured railroad workers against some of the largest railroads in the country, including Metrolink, Union Pacific and Amtrak.
For a FREE, no-obligation consultation, contact the train accident attorneys at Pocrass & De Los Reyes.
Railroad Employees Covered under FELA
The test for whether a railroad employee is covered under FELA is determined by evaluating whether what he does in any way furthers or affects transportation. It is enough if any part of the employee’s duties affects commerce.
Railroad employees such as conductors, brakemen, switchmen, engineers, laborers and the following types of railroad employees have been considered covered under the FELA:
- A railroad’s clerical employee was covered by the FELA because her handling of the railroad tracings for blueprints was essential to the maintenance of the trains.
- A lumber tie inspector was covered by FELA because many of the ties were being sent across state lines.
- A member of a switching crew handled cars that were not destined for interstate commerce until after the accident. He was on a railroad track, considered to be an interstate highway, at the time of the accident.
- A fireman who developed silicosis as a result of years of inhalation of silica from locomotives’ sanding boxes.
The only way you can be sure if your case is covered under FELA is to talk to a railroad accident attorney. Contact us for a FREE, no-obligation consultation.