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Is a railroad equipment malfunction negligent?

On Behalf of | Oct 16, 2021 | Railroad Accidents & FELA claims |

If you work on the railroads, you face an injury at a higher rate than other professions. Part of the risk is the type of machinery and equipment you deal with daily.

Heavy machines make railroads operate. When something goes wrong, and you find yourself dealing with an injury, the cause of the incident may mean something when it comes to your rights. Find out how a malfunction may prove negligent.

What is negligence?

Negligence under the law means that a defect may have presented a risk, and those in charge did not fix it. When it comes to personal injury and recovering financially, if a mechanical part was faulty and those responsible knew but did nothing, they were negligent.

Was the machinery at risk for malfunctioning?

If you got an injury because of a faulty piece of machinery, it may rise to negligence. If you reported the problem in advance of the incident, then you fulfilled your duty to report. This means that you informed those with the power to remedy the issue, and they did not follow through to correct it. In the case of mechanical failure known before the incident, negligence falls on those who knew.

Is your injury catastrophic?

An injury that lingers or does not get better may fall into the catastrophic category. This means that you have permanent damage that alters your lifestyle. Common catastrophic injuries you may face as a railroad worker include:

Mechanical failures on railroads may prove some of the worst accidents for workers. Not only can they lead to crashes that may cause death, but you may find yourself dealing with permanent injuries.