Posted on November 21st, 2010 by Zane Cagle
A 76-year old St. Louis woman was killed when her car crashed into a freight train in Olivette, Missouri. The woman was driving a Toyota north on Dielman Road when her car was hit by a freight train traveling eastbound. The train had seven tanker-style cars in addition to an engine and pushed the victim almost 300 yards down the track. The train was in the process of pushing cars between two rail yards and was traveling about 17 mph when the collision occurred. A witness indicated that he saw a man on the front of the train waving his arms back and forth. An official for the train company indicated that when an engine is “shoving” or pushing cars between rail yards, they must have a worker riding on the front car and maintain radio contact with engineers when approaching rail crossings. According to officials, the engineer attempted to brake but the collision occurred much too fast.
While some collisions are avoidable, there are different types of personal injury claims. In this crash, the driver of the Toyota was a non railroad employee. However, if a railroad employee is injured, then the claim would be included in the Federal Employers Liability Act (FELA) that allows railroad employees who are injured on the job to file a lawsuit to recover damages from his/her employer when negligence occurs on the part of the employer or another employee. This act is not to be confused with Workers’ Compensation. Under conditions of FELA, the injured employee may recover punitive damages that they would not be entitled to under Workers’ Compensation; however, FELA is a complicated statute. Therefore, it is highly recommended that an injured employee or family of a killed employee to consult a FELA attorney in order to protect the victim’s rights.
At The Cagle Law Firm, an experienced St. Louis Accident Attorney can review your claim and help you file a lawsuit against the person responsible for your accident or injury or to help you to determine if you have a wrongful death claim. Or Zane Cagle may assist you to determine if you have a FELA claim. To schedule a consultation to discuss your claim, please contact the firm today at (314) 276-1681.
Woman, 76, Killed Crossing Train Tracks in Olivette, www.STLtoday.com 11/15/10