1. What is railroad litigation?
Railroad litigation law involves the representation of individuals who have been injured in a collision with a railroad or are injured upon railroad owned property.

2. Are there federal or state regulations governing the conduct of railroads?
There are numerous federal and state regulations governing the conduct of railroads, while at the same time creating some protection for railroads, even when they cause injuries to individuals. For example, workers' compensation claims by railroad employees are covered under a separate federal law known as the Federal Employers' Liability Act of 1907 (FELA). Contact Gary C. Johnson, P.S.C. to learn more about Kentucky, West Virginia or Federal laws governing railroads.

3. What are the most common causes of railroad accidents and derailments?
Railroad safety investigations have frequently found that derailments, train crashes and rail accidents were caused by negligence, rule violations, or other reckless conduct. Negligence by an individual employee, such as a train conductor, rail inspector or railroad maintenance mechanic may involve:

• Alcohol or illegal drug use
• Improper locomotive fuel tank integrity
• Hazardous chemicals or waste materials
• Defective highway rail & railroad crossings
• Poor train locomotive operating practices
• Inadequate signal interchanges
• Faulty train track or rail inspection
• Defective crossing signals
• Improper switching
• Failure to use horn
• Operator fatigue
• Excessive speed
• Sun Kinks

4. Should I take the settlement the railroad carriers' insurance company is offering me?
You should not take any settlements offered by an insurance company without first speaking with an experienced railroad litigation lawyer. Insurance companies typically offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting Gary C. Johnson, P.S.C..

5. Do I have to file a train injury claim where the accident occurred?
You can file a railroad injury lawsuit at either the State or Federal level in any city where the railroad company conducts business, has tracks, or has a train destination. You are not required to file a claim in the same city where the railroad injury took place.

6. What are the statutes of limitations involved in filing a railroad injury claim?
Persons sustaining a train accident injury have a limited amount of time in which to file a civil case. Any personal injury claim in Kentucky has a statute of limitations of one (1) year from the date of injury. In West Virginia, any personal injury claim has a statute of limitations of two (2) years from the date of injury. Both Kentucky and West Virginia have a property damage statute of limitations of two (2) years.

7. What damages can I seek in my train accident injury claim?
Plaintiff's who have been injured in a train accident may be entitled to any of the following compensations:

• Pain and suffering
• Compensation for psychological damage
• Loss of past and future income
• Medical expenses
• Assistance for the future
• Loss of amenities of life
• Damage to your car or personal property

8. Should I hire an attorney to help me with my railroad injury claim?
If you think you, or someone you know, might be the victim of a railroad injury in which the railroad company is responsible, it is essential to contact an attorney who is a railroad litigation expert. Seeking the aid of an attorney for your railroad injury will maximize the possibility that you can make a successful claim against your employer and recover the damages you have suffered. Contact Gary C. Johnson, P.S.C. today.