Railroad Accident Lawyers - FELA Claims And Law Firms
Railroad accidents are regulated much differently than most cases. Railroad accident lawyers must abide
the Federal Employees Liability Act ("FELA"). As a federal preemptive act, the FELA is intended to resolve
unique conflicts created by the inherently dangerous circumstances encountered operating a rail system and
the overriding public interest in maintaining reliable rail service.
Railroad accident lawyers must possess
extraordinary specialization as compared to most personal injury lawyers because of the complexity of
combining both state and federal under altered standards of liability. Fewer than 1% of all attorneys have
represented plaintiffs in FELA cases.
Railroad Accident Lawyers - Liability Under The FELA
As a condition precedent to establishing liability, a railroad accident lawyer must prove, with
admissible evidence, that but for a negligent act an accident would not have occurred. A violation of the
FELA standard of care which constitutes negligence is similar to the old common law standard of "a scintilla
of evidence."
In essence, this standard is much lower than the ordinary negligence concept which applies to the general
public, and the presence of any negligent act - a mere speck of negligence - that contributed to an accident
may give rise to liability. This standard is also similar to general workers compensation acts, but does not
limit the recovery of damages as severely as most state laws.
See also: How railroad accident lawyers maximize FELA claims - Law Firms and liability.
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