When first taking your job on the railroad, you may not realize that your employer holds a non-delegable duty to provide you and your coworkers safe transportation for traveling to and from on-duty points, dead-heading moves, and other railroad operations whenever necessary. Typically, employers handle this by hiring a third-party van company service, such as Renzenberger, Inc., Hallcon, and Professional Transportation, Inc. But, most unfortunately, even if you manage to remain safe during your railroad work, you may get injured in a van accident on your way to or from executing this work. If so, please continue reading to learn how railroad workers might get involved in this off-track incident and how one of the experienced van transportation accident lawyers at Hildebrand McLeod & Nelson LLP can help you hold the appropriate party accountable in a legal action.
Why do van transportation accidents involving railroad workers occur?
Essentially, van accidents might occur when transporting railroad workers due to driver negligence. The negligent driver involved in such an incident may be the van operator, another standard motor vehicle operator sharing the road, or both. Nonetheless, below are specific examples that might relate to your particular off-track accident:
- A van driver may have been inadequately trained to operate this commercial vehicle safely.
- A van driver may have been scheduled to work too many consecutive hours and drive while fatigued.
- A van driver may have been operating a commercial vehicle that was poorly maintained or with faulty parts.
- Another vehicle operator may have been driving while under the influence of drugs or alcohol.
- Another vehicle operator may have been ignoring enforced traffic signs and signals on the road.
- Another vehicle operator may have been driving while texting or performing other distracting tasks.
Who is responsible for the van transportation accident I was involved in?
The exact liable party for your van transportation accident may depend on what caused the event itself. But usually, possibly unlike what you guessed, your railroad employer may be at fault. This is because your employer contracted the third-party van transportation company to help with certain railroad operations. In turn, the company became an agent of the railroad. This means that your employer is held directly responsible for the negligent behaviors and actions of all their agents. And so, you may be correct in pursuing a Federal Employers’ Liability Act (FELA) claim against your employer after your accident.
This is not to say, though, that a van transportation company should not be held accountable for the reckless driving activities of their hired van operators, which may have prompted your accident to arise in the first place. That said, certain laws other than FELA may allow you to bring forward a claim against the company directly. Lastly, in a case of another vehicle operator acting negligently, you may file a claim against them. Usually, their uninsured and underinsured motorists coverage is applied here, and if not, a personal injury claim against them may also be a possibility.
You may desire more clarity before you head into your potential FELA claim proceedings. So, please do not wait any longer to reach out to one of the skilled FELA lawyers. Retain the services of Hildebrand McLeod & Nelson LLP today.
