Hakim Injury Law: Beverly Hills Railroad

Understanding the Role of A Beverly Hills Railroad Accident Lawyer in Worker Injuries

March 15, 2024

The construction and maintenance of California railroads is a classic American story, but not necessarily in a good way. During the late 1800s, unskilled workers, many of them immigrant laborers, worked long hours for little pay. After little training, these workers handled large, dangerous tools in isolated areas. President Benjamin Harrison compared the extreme risks railroad workers faced to the risks that soldiers faced.

Once trains are operational, railroad companies continue to put profits before people. Vehicles that haven’t been significantly upgraded for decades often haul some of the most hazardous substances known to mankind. Freight companies always carry as much cargo as possible so they can make as much money as possible. This combination is a formula for serious accidents.

These victims have legal options, but only a Beverly Hills railroad accident lawyer can take full advantage of these options and obtain maximum compensation for their serious injuries. A lawyer is more than a courtroom advocate. Lawyers generally negotiate favorable out-of-court settlements in railroad accident cases. Furthermore, a good Beverly Hills Train and Railroad Accident Lawyer proactively communicates with clients throughout the process so they’re never in the dark.

Railroad Worker Injuries: Risks and Occupational Hazards

The risk of serious injury didn’t end when tracks were laid. It continues today. Railroad workers often fall victim to trauma injuries and occupational diseases.

Falls are probably the most common worker trauma injuries. Sure footing is almost impossible on the ballast (pebbly surface) surrounding most railroad tracks. That’s especially true if the ballast is slick. Furthermore, many workers must cling precariously to fast-moving railroad cars.

Asbestos exposure might be the most common railroad worker-related occupational disease. Before 1980, when most railroad cars and railroad facilities were built, companies used asbestos almost everywhere, such as:

  • Electrical insulation,
  • Brake pads,
  • Pipe insulation,
  • Paint, and
  • Attic insulation.

A single microscopic asbestos fiber could cause cancer, such as mesothelioma, or a serious lung disease, such as asbestosis. Since these diseases have very long latency periods, doctors often don’t diagnose these conditions until they reach advanced stages. As a result, the mortality rate for asbestos-exposure illnesses is very high.

Sometimes, these kinds of injuries overlap. Ballast releases silica dust that clogs breathing passageways in the lungs. These injuries also affect non-workers. In California, property owners usually have a duty of care to ensure that visitors are reasonably safe. More on that below.

The Role of a Beverly Hills Railroad Accident Lawyer

A federal workers’ compensation program, the Federal Employees Liability Act, protects injured railroad workers.

To obtain compensation, Workplace Accident Lawyers must prove that the company’s negligence, or lack of care, contributed to the injury. For example, if Rick loses his grip on a pole and falls, the company’s failure to provide proper gloves contributed to his injury.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Causes of Train Derailments: Negligence & Mechanical Issues

Company negligence often contributes to worker accidents. Negligence often substantially causes train derailments. The negligence is often:

  • Operator Error: As mentioned, companies usually pack as much cargo onto trains as possible. Then, they instruct operators to reach their destinations as quickly as possible. This formula often leads to tragic accidents. Railroad companies are financially responsible for damages in such cases, under the respondeat superior rule.
  • Mechanical Issues: Brakes, motors, gearboxes, buffers, and other mechanical train parts undergo an almost unbelievable wear and tear. Eventually, these parts always fail, often with little warning. The duty of care includes a responsibility to operate a train safely and ensure its mechanical safety.

If a defective product, usually a manufacturing or design defect, caused the failure, a personal injury lawyer in Los Angeles may take action against the manufacturer.

How a Beverly Hills Railroad Accident Lawyer Can Help

Compensation is available if a lawyer proves negligence by a preponderance of the evidence (more likely than not).

So, Train Accident Attorney in Los Angeles, California must evaluate a case from a legal perspective, collect evidence supporting the victim’s claims, and refute possible insurance company defenses. This evidence usually includes the official accident report, witness statements, and medical bills.

Sometimes, attorneys must shore up this evidence in order to receive maximum compensation. Medical records are a good example.

Frequently, medical bills only tell part of the medical story. These documents only include diagnosis and treatment information. An attorney must supplement this proof to obtain maximum compensation, usually with a non-treating physician’s expert report. This report includes information about the victim’s pain and suffering and the likely need for future medical expenses.

The extra effort is time-consuming. But in railroad accident cases, as in life in general, minimum effort usually produces minimum results. That’s an outcome we simply won’t accept. Injury victims are entitled to significant compensation. For a free consultation with an experienced California Personal Injury Lawyer, contact the Law Offices of Eslamboly Hakim. We routinely handle matters throughout the Golden State. Schedule an appointment today!

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Sharona Hakim

Sharona Eslamboly Hakim, Esq. is a successful personal injury attorney and the principal of the Law Offices of Eslamboly Hakim firm in Beverly Hills, California.

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