Call Us Toll-Free: 1.877.767.3108

Posted in Torts Blog, General Blog

Railroads seek to close the courthouse door to those injured by trains

October 28th, 2007 by Dawn Mefford

The corporations that operate America’s railroads are seeking to secure themselves a “get out of court free” card.  The Federal Railroad Administration (FRA) has recently authorized a pending “safety” regulation that would bar lawsuits from victims of train wrecks caused by a railroad’s negligence.  The regulation would declare all lawsuits filed by victims to be preempted under Federal law. 

The regulation stands in stark contrast to the explicit intent of Congress, who in August of this year passed a law clearly stating that federal railroad regulations, promulgated by the FRA, cannot serve to preempt lawsuits by victims of negligence. 

The American Association for Justice (AAJ) is calling upon the FRA to amend their proposed regulations to comport with Congress’ legislation.  AAJ CEO Jon Haber said in a press release earlier this month, “This is a cynical attempt to allow railroad companies to evade accountability in the courts when people are killed and injured by their negligence and wrongdoing.”  The AAJ is working with Congressional leaders to pressure the FRA to change their regulation. 

Share This