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Railroads are required
to report the FRA within thirty days of
a railroad accident. The U.S. railroad
system has over 600 railroads, making 200,000
miles of track. When a passenger chooses
to use railroad transportation and a railroad
accident occurs, a common carrier is liable
for negligence. The carriers are expected
to protect the safety of passengers and
will be held responsible if a railroad accident
that resulted from a declined standard of
care contributed. Most cases of railroad
accidents that involve even the slightest
amount of negligence are the responsibility
of the common carrier.
Liability for a railroad
accident includes any injury caused from
any element that the railroad had control
over. For example, if a railroad accident
was a slip and fall on a railroad platform,
an injury resulted from a railroad crossing,
or there was a railroad crash, the railroad
has the responsibility of doing everything
in their power to avoid a railroad accident
from occurring. Cases of a railroad crossing
when a highway is crossed or intersected
by tracks demands exercising care to avoid
any possible injury from a railroad accident.
State laws exist in order
to determine if the carrier is liable for
the personal injuries caused by the railroad
accident. Most states find a common carrier
liable for the personal injuries during
the railroad accident, and other states
have regulations that do not hold the carrier
responsible for completely ensuring the
safety of a passenger but does find them
to own a large amount of responsibility.
A railroad accident that was the result
of any type of noncompliance with safety
laws will assume full liability in most
instances.
Some railroads that
are owned or operated by government entities
have tort claims act laws in cases of railroad
accidents. This type of law requires the
government entity to be given notice of
the injury from the railroad accident within
a short time and does not allow filing of
a lawsuit unless there has been proper notice
given.
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