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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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