Slip and Fall Accidents / Premise Liability
Car Accidents
Construction and Work Accidents
School Accidents and Children's Injuries
Railroad Accidents and FELA
Sexual Assaults
Motorcycle Accidents
Drunk Driving Accidents
Concert and Club Accidents
A: Yes. Almost all the FELA cases invove the injured party being cited for a violation. Its a given, even when there are clear issues of fault only at the railroad. First as with any personal injury case in New York there is the issue of comparative negligence which means that a party can be held proportioately responsible for his or negligence. So you can be 50% at fault and the other party can be 50% at fault. This would , of course, affect your recovery. Second in a raillroad case your violations can be arbitrated through your union and can either go to trial or be reduced. You must speak to your union representative about that. In the meantime look at some of the cases we worked on to help you undestand the outcomes of different rail accidents.
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