Amtrak Accident Lawyer
Thousands of railroad workers are injured yearly in railroad accidents, including on Amtrak trains, stations, and rail yards. When Amtrak operators cut corners on safety, they risk not only their workers, but also their passengers, exposing them to potentially severe injuries or even death.
The Federal Employers Liability Act protects rail workers injured on the job by allowing them to sue their employers for negligence. If you are an Amtrak worker who was been hurt in an Amtrak accident in Virginia or elsewhere, don’t take on the railroad’s legal team alone. A skilled FELA attorney from Cooper Hurley Injury Lawyers can help you pursue legal action against your employer and receive the compensation you deserve.
Amtrak passengers who are injured are typically classified as premises liability cases. Our skilled premises liability attorneys are ready to help fight for you.
Our knowledgeable Amtrak train accident lawyers can help navigate your FELA suit or passenger injury claim through complex legal processes, fighting to uphold your rights and recover significant compensation. Contact us online or call (757) 333-3333 today for a free case evaluation.
Rely on an Experienced Amtrak Train Accident Lawyer
Cooper Hurley Injury Lawyers is one of the few personal injury law firms handling railroad-related cases. Founding partner John M. Cooper is a leading railroad attorney with an extensive understanding of FELA and Amtrak train accident lawsuits. He is also a member of the Academy of Rail Labor Attorneys.
John and his team have an outstanding track record of case results and have recovered multimillion-dollar awards and settlements. Recently, John successfully represented a client injured in a rail yard accident, recovering $303,000 for the client by taking the claim to a federal jury.
John’s impressive career has earned him numerous accolades, including:
- Chairmanship of the FELA Litigation Group of the American Association for Justice from 2011 to 2017
- Designation as a Top Lawyer by Coastal Virginia Magazine
- Recognition as a Virginia Super Lawyer
- Highest AV rating by Martindale-Hubbell
- 10/10 rating by Avvo
Cooper Hurley Injury Lawyers provides free materials about railroad injury rights, including the book, “Your Rights When You Are Injured on the Railroad,” and a resource guide for railway workers. This guide can help you understand the challenges associated with FELA cases before you speak with a train accident lawyer. We also answer frequently asked questions about railway accidents on our website.
Types of Amtrak Accidents
Amtrak operates an extensive rail network across the United States. It serves more than 500 locations across 46 U.S. states and Canada. Trains travel at speeds up to 150 miles per hour. In 2022, Amtrak averaged 62,800 trips per day.
With so many trips, accidents inevitably happen. In 2023, there were 995 railroad-related deaths—a 10 percent increase over the previous year and the highest number in more than 15 years. In the same year, there were 6,705 nonfatal injuries related to railways, 3,449 of which were occupational.
There are many types of Amtrak accidents, including:
- Derailments
- Collisions with vehicles
- Collisions with other trains
- Pedestrian accidents
- Onboard injuries
- Railway crossing accidents
- Equipment malfunction
- Unsafe workplace practices
You may have a FELA claim if you were injured in a railway accident while working. If you were injured while riding an Amtrak train, you may have a personal injury claim against the company.
AmTrak Case Example
Bailey Gifford
“I’m a railroad injury attorney at Cooper Hurley Injury Lawyers. I wanted to talk to you about a case we recently settled for a railroad worker. This was an Amtrak Carmen that got hurt when he had to lift a big heavy object in a very awkward way, which as you know is really common to have to do on the railroad. We actually went into litigation on this case, did a site inspection at the car shop while he where he was working, were able to look at the job safety analysis that Amtrak had had done for this particular job, found out that people really didn’t even know about the job safety analysis, and also that it wasn’t even correct for this particular job. We are able to reach a favorable settlement for our client in that case.”
The Legal Process for Amtrak Passenger Injuries
Proving negligence is normally key for a successful Amtrak passenger injury claim. To show negligence, you must establish four elements:
- Amtrak owed a duty of care. As common carriers, Amtrak and other train operators are responsible for keeping their passengers safe.
- Amtrak breached that duty. You must show that Amtrak created an unsafe situation that led to the accident, whether in failing to fix or update faulty equipment, uphold safety regulations, maintain infrastructure, or something else.
- The breach caused your injuries. You must demonstrate that Amtrak’s actions directly led to the accident and caused you harm.
- The breach led to recoverable damages. After establishing that Amtrak is at fault, you must show how you’ve been injured and what impact those injuries have had on your life.
Depending on how severe your injuries are and how they affect you, you might be able to recover a variety of damages. These include past and future medical expenses, lost income, lowered earning capacity, pain, suffering, and emotional trauma. If a passenger dies from their injuries, their family may also be entitled to wrongful death damages.
The skilled Amtrak passenger injury attorneys at Cooper Hurley Injury Lawyers can thoroughly investigate your accident and compile evidence to show Amtrak’s liability for your injuries. Once we’ve built a strong case, we’ll work tirelessly to achieve the compensation you deserve.
FELA for Amtrak Workers
FELA gives railroad workers the right to sue their railroad employer for compensation when they get hurt on the job due to employer’s negligence.
FELA allows railway workers to seek compensation for lost wages and benefits, medical expenses, disabilities, and pain and suffering. It also allows family members to recover wrongful death damages if a loved one is killed on the job. The Federal Rail Safety Act (FRSA”) protects rail workers from termination or retaliation if you hire a FELA lawyer or take legal action against your railway employer.
A lawyer handling a worker’s Amtrak lawsuit needs to know how to prove Amtrak was negligent and how to calculate the damages you’re entitled to under FELA. Hiring an experienced railroad accident lawyer can help you take on the railroad’s claims department. The claims department’s job is to minimize the company’s liability and pay as little compensation as legally possible.
FELA claims are a niche of personal injury law designed specifically to protect railroad workers. It differs from traditional workers’ no-fault compensation laws. FELA requires you to prove the railroad’s negligence contributed to your injury. Examples of negligence include the following:
- Unsafe work conditions can lead to slip-and-fall accidents, a lack of safety barriers, and workers’ exposure to unsafe substances.
- Inadequate training can result in a lack of safety protocols and improper use of equipment.
- Defective equipment can result in malfunctioning machinery, defective rail cars, and faulty safety gear.
If you believe you have a FELA claim, contact an experienced FELA railroad attorney to discuss your rights and potential compensation.
"I was injured while working for a class 1 railroad. I retained Cooper Hurley law firm. John Cooper was my representative, however I had full access to his team of lawyers and staff. Everyone I worked with was very knowledgable and reliable. The Cooper , Hurley team helped me with medical representation, meaning they made sure i got the care I needed from the providers of my choosing. They dealt with billing departments and insurance companies. I can honestly say that I recieved excellent service thru my process. In the end I received fair compensation for my injuries. Mr. Cooper was excellent in court room setting. His staff is first class."
Is There a Time Limit for Filing a Railroad Accident Claim?
The statute of limitations for filing a workplace train accident claim under FELA is typically three years from the date of injury, and the deadline for passenger injury claims depends on the state where the injury occurred, which in Virginia is typically two years.
In rare cases, there are exceptions. An Amtrak accident lawyer can analyze your claim and determine the statute of limitations governing your case.
Choose a Skilled Amtrak Injury Lawyer
If you or a loved one have been injured in an Amtrak train accident, whether as a worker or passenger, Cooper Hurley Injury Lawyers can help. Our attorneys work on a contingency fee basis, so you pay nothing unless we win. Contact us online or call (757) 333-3333 for your free consultation with an experienced Amtrak train accident lawyer.
Find Out What Your
Case is Worth
Testimonials
