What if the Injured Railroad Worker Was Partially at-Fault?

If you have been injured while working on trains or on the railroad, you have a right to recover compensation against your employer under FELA. It is important that you contact a board certified Fort Worth FELA Railroad Injury Lawyer as soon as possible to make sure that you are fully aware of your legal options and that your legal rights are protected.


Under FELA, you can still make a claim against your employer even if you were partially responsible for causing the accident which resulted in your injuries. Contributory negligence on the behalf of the injured railroad employee does not prevent them from making a legal claim against their employer under FELA.


This is markedly different from how personal injury and wrongful death law works in most accident scenarios. For example, if you were injured in an 18-wheeler wreck, and you were more than 50 percent to blame, the current laws in Texas would prohibit you from making a claim. Under FELA, however, you can make a claim even if you were 99 percent at-fault for the accident.


How Partial Fault Affects Your Compensation

If your own negligence partially contributed to your accident and subsequent injuries, this will be reflected in the amount of compensation you are eligible to recover. However, it is still in your best interest to contact a qualified personal injury or wrongful death attorney to ensure that you still recoup the maximum compensation available to you.


The amount of compensation you are entitled to relates directly to the proportion of fault which lies with you. So if you were 30 percent to blame for the accident and it is determined that the total amount of compensation you deserve should be $1,000,000, this will be reduced by 30 percent, so that the actual amount of compensation you can actually recover is $700,000. (These figures are supplied for demonstrative purposes only, you should consult with a board certified personal injury attorney in order to determine the true fair value for your unique case).


Why You Need a Fort Worth FELA Railroad Injury Lawyer

In situations where you were partially at fault, it is extremely important that the percentage of fault assigned to you is fair and accurate. Remember that the railroad company will try to shift as much blame as possible to you in order to reduce the amount of compensation that they are required to pay. Having a board certified Ft. Worth FELA attorney on your side as early as possible is essential to making sure that you and your family achieve the full justice that you deserve.


For a free, no obligation consultation with a Fort Worth personal injury lawyer, call the Anderson Law Firm today toll free at 800-354-6275 or locally at 817-294-1900.



Other Articles You Might Be Interested In:

Contributory Negligence and Assumption of Risk

FELA Law Information for Injured Texas Railroad Employees

Strict Liability in Texas FELA Train and Railroad Injury Cases

Texas Railroad FELA Injury Claims: Normal Affirmative Defenses Barred

Making a Railroad FELA Wrongful Death Claim in Texas


Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas