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Nov 19, 2008

Railroad, River & Boating Accidents in Kentucky

Most cases of personal injury involve motor vehicle accidents, but Kentucky is also host to more than 3000 miles of active railroad track, as well as the Ohio River, Kentucky and Barkley Lakes, many other lakes and many of its tributaries. Serious accidents occur on rail and water as well as road, and those injured in railroad, river or waterway accidents need legal representation to guide them to the swiftest and fairest path to compensation.

When accidents occur and injuries are suffered by workers, vacationers or innocent bystanders, those injured have legal rights that an experienced attorney can help them exercise. When any accident happens that could have been prevented, Paducah, Kentucky attorney Daryl T. Dixon can help those injured by investigating the case, determining the liable parties, and seeking compensation for the damage done to you.

Train Accidents

Even though its role as a mode of transportation has dwindled, the train is still vital to moving freight and goods across the United States, responsible for more than 15 per cent of all shipping tonnage in the United States. In fact, because of the relatively low costs of shipment and maintenance on freight trains (compared to trucking and flight), American business and industry’s reliance on the railroad is expected to grow significantly in the coming decades.

But before such growth occurs, the railroad industry should ensure that it can provide a firm and safe foundation well into the future. The railroad industry, which operates on tight budgets to maintain a competitive edge against other sectors of shipping, often fails to properly maintain the safety standards of its rail system. Such oversights are the cause of more than 3000 train accidents each year, resulting from track defects, signal defects, equipment defects and human error. On average, more than 900 people lose their lives each year as a result of these accidents.

The current state of tracks in aged and poor condition throughout many states, including Kentucky, shows that the cause for concern is real. Of the more than 3000 train accidents that occur each year in the U.S., about 1/3 are the result of track defects. Other preventable causes of train accidents are signal defects, equipment defects and human error.

Kentucky attorney Daryl T. Dixon represents those injured or killed in train accidents. To bolster his expertise of railroad law and liability, Daryl employs private investigators who’ve spent careers working for the railroad industry, and can identify when errors have been made or safety regulations have been ignored that contribute to injury or death. If you’ve been involved in a train accident in Kentucky, contact Daryl T. Dixon today for a free review of your case.

FRA: Concerns with Highway-Rail Grade Crossings

The Federal Railroad Administration has recently expressed safety concerns with highway-rail grade crossings, rail crossings that are owned by private property owners primarily to allow roadway access over railroad tracks to residential, commercial, or agricultural areas not meant for general public use. Each year, about 400 accidents, and between 30 and 40 fatalities, occur at the more than 94,000 private crossings used by both freight and passenger trains.

FELA Law: Help for Injured Railroad Workers

When a railroad worker is injured, a different set of laws is applied to determine the compensation owed to the injured employee. The Federal Employers’ Liability Act (FELA) was enacted in the early 20th century to equip railroad workers with forceful legal means when their employers – railroad companies – did not protect their safety. It was As with many industries in those times, the railroad’s standards of safety were almost non-existent. FELA was part of a number of progressive legislative packages put forth during that time to pressure big business into taking more steps to protect the railroad’s workforce.

While safety regulations and enforcement have come far in 100 years, injury-causing accidents in the railroad workforce are still prevalent, with an average of more than 5000 injuries reported among railroad workers each year. When railroad workers are injured on the job, they can apply their entitlements under FELA to obtain maximum compensation for an injury. Despite many efforts since its inception to overturn the FELA, it remains an important and unique right that railroad workers possess, and one that Daryl T. Dixon can help them fully exercise.

Toxic Exposure Cases for Railroad Workers

In addition to accidents related to unsafe working conditions. railroad workers must also work around many types of hazardous chemicals. If a railroad employers fails to provide workers with appropriate equipment. In fact, many plaintiffs in the nationwide asbestos litigation that has been going on for decades are former employees of the railroad. Under FELA law, Daryl T. Dixon can assist railroad workers in cases of toxic exposure to chemicals, gases and other hazardous substances.

Watercraft Accidents

Most of us don’t reflect much on the responsibilities that come with owning and operating a watercraft vessel. Once you’re out on the water, it’s easy to forget that there are laws that have to be obeyed for the safety of swimmers, other boaters, your passengers and you.

Kentucky’s waterway laws are established and enforced by the Commonwealth’s Department of Fish and Wildlife Resources. This agency addresses laws pertaining to boat ownership and operation in Kentucky. The Department of Fish and Wildlife Resources identifies the following actions as reckless and careless operation of a watercraft:

• Boating in restricted areas without regard for other boaters or persons, posted speeds and wake restrictions, diver-down flags, etc.
• Boating while under the influence of alcohol or drugs.
• Operating a vessel in swimming areas.
• Riding on seatbacks, gunwales, transoms or pedestal seats while operating above idle speed.
• Excessive speed in crowded areas, dangerous areas or during periods of limited visibility.
• Operating an overloaded vessel.
• Towing a skier in a crowded area where a fallen skier may be hit by other vessels, or towing in areas where the skier may hit an obstacle.
• Using a PWC to jump the immediate wake of another boat.

While most of the regulations above may seem like simple common sense, every summer this type of irresponsible handling of boats and watercrafts turns tragic, leading to unacceptable numbers of injuries and deaths. Those injured in boating collisions, jet ski accidents, water skiing or tubing accidents, and other injuries or fatalities on the Ohio River or other waterways in Kentucky, Daryl T. Dixon can help you investigate the case, determine if negligence was the cause and pursue restitution against the negligent parties.

Library for Railroad, River & Boating Accidents in Kentucky:

• Dresden Tennessee Native Daniel Riels Dies in Train Accident at Fulton Kentucky Railyard   
  Description: Dresden Tennessee Native Daniel Riels Dies in Train Accident at Fulton Kentucky Railyard
• Negligence in Ohio Barge Leak   
  Description: If inexperience and negligence on the part of the driver were the cause of the barge leak, the barge company would be liable for any injuries arising from the accident.

Frequent Questions for Railroad, River & Boating Accidents in Kentucky:

• What should I do if I have been in a boating accident?
• What should I do if the marine patrol officer or the coast guard wants me to give a statement?
• I was injured due in a railroad accident. To whom do I file a claim?
• I work for the railroad, and was injured. Can I bring suit against my company?
• I was injured while a passenger on a train. Is the railroad company liable?
• Do I need to retain an attorney?

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