Injuries from switching incidents are widely common amongst railroad workers in the industry. With that, switching injuries are seen to be most commonly derived from close clearance accidents. Unfortunately, it has been reported that close clearance accidents have caused approximately 25 percent of all switching fatalities in the last 20 years in this line of work alone. Taking this all into consideration, please follow along to find out what a close clearance accident entails and how one of the proficient railroad switching injury lawyers at Hildebrand McLeod & Nelson LLP can respond to your unfortunate involvement in one during your work.
What is considered a close clearance accident on the railroad?
In its simplest description, a close clearance accident occurs when a train or railcar comes into close contact with a permanent or temporary obstruction on or near the railroad tracks. Here, if a railroad worker is riding on the side or top of a train or railcar, they may collide with the obstruction. And thus, they may incur a serious bodily injury that oftentimes results in fatality.
It is not necessarily negligent for a railroad worker to position themselves on the side of a railcar, especially during switching operations. This is because this positioning allows them to maintain quality communication with the railroad engineer and clear visibility during coupling and uncoupling processes. This is a fine practice unless a close clearance is present.
How can close clearance accidents become more preventable?
Notably, close clearances are considered identifiable and avoidable hazards on the railroad, thanks to the industry group Switching Operations Fatality Analysis (SOFA). That is, SOFA enforces important safety recommendations to make close clearance accidents more preventable for railroad workers, and they read as follows:
- Railroad company employers must eliminate or redesign close clearances and no clearances wherever feasible on their worksites.
- Railroad company employers must install instructional signage at all potential clearance hazards (i.e., “Stop and Dismount”).
- Railroad company employers must mark all permanently closed clearances with highly visible signs.
- Railroad company employers must train workers on how to identify and avoid all potential clearance hazards.
- Railroad company employers must implement defensive switching standards for close clearance areas on their worksites.
SOFA’s recommendations are well-regarded amongst the railroad industry. So if your employer blatantly ignores this guidance, and you get involved in a close clearance accident as a result, a Federal Employers’ Liability Act (FELA) claim may be within the realm of possibility for you.
Here, your overarching argument is that your employer owed you a duty of care in facilitating a safe worksite, but ultimately breached it by failing to eliminate or redesign close clearances, posting proper warning signs, providing adequate training, etc., and you were left with physical pain and emotional suffering, lost wages, medical bills, etc.
As soon as you find yourself in potential legal trouble, you must retain representation and advisement from one of the talented FELA lawyers at Hildebrand McLeod & Nelson LLP. You should not have to put up this fight alone; we are here to help you.
