Within a rail yard or industrial area, a switching operation consists of moving, repositioning, and assembling railcars. More specifically, workers may switch railcars onto different tracks, couple and uncouple equipment, and build outgoing trains. While this may seem like a straightforward set of tasks, it can be one of the most dangerous things a worker does on the clock, given the working conditions and overall high-pressure environment they might find themselves under. And so, within seconds, one misstep may prompt catastrophic injuries, or in a worst-case scenario, death. Please follow along to find out the unfortunate ways in which a fatality can occur during a railroad switching operation, and how one of the proficient railroad switching injury lawyers at Hildebrand McLeod & Nelson LLP can help if you lost your loved one in such a tragic accident.
How can a railroad worker be killed during a switching operation?
In short, switching operations have a higher risk of being fatal due to the frequent stops, starts, reversals, and multiple simultaneous movements, all of which take place in tight spaces where railroad workers may struggle to escape impact. Without further ado, below are more specific examples of types of switching accidents that, on occasion, have been reported to result in one or more deaths:
- If a worker slips and trips due to an uneven ballast or a greased surface, they may fall near rapidly moving equipment.
- If a worker gets pinned against a piece of equipment, a moving car may subsequently slam into them.
- If a worker shoves a car instead of pulling it, they may not see another worker between two cars and crush them.
- If there is a faulty coupling system, a car may unexpectedly break away and crush another worker in an unsafe position.
- If an employer forces switching operations at nighttime, workers may struggle to see hand signals, hazards, and moving cars.
What legal options do families have after a switching operation fatality?
We extend our condolences to you if you are the loved one of a railroad worker who was unfairly lost due to a switching operation gone wrong. While we understand that pursuing a legal action against the responsible party will never compensate for their absence from your life, it may be your way of bringing justice to their name and legacy. And so, we encourage you to consider filing a Federal Employers’ Liability Act (FELA) claim on their behalf.
However, after hearing about your loved one’s accident, we may recommend that a wrongful death claim is the better legal strategy. For one, this may be if your loved one was not directly employed by the railroad (i.e., they were a driver or pedestrian stuck at a railroad crossing, a passenger on the railcar, a contractor or visitor of the railyard, etc). Or, this may also be applicable if we have reason to believe that the negligent party was not necessarily the railroad company employer (i.e., they were a subcontractor, equipment manufacturer, property owner, etc).
With all that being said, please do not hesitate to work together with one of the talented FELA lawyers. The team at Hildebrand McLeod & Nelson LLP will have your best interests at heart always and will fight for justice to reign in your favor.
