Train accidents are relatively rare in Nebraska but they can be devastating when they occur, causing severe injuries and even fatalities. If you have been involved in a train accident in Nebraska, it is essential to know about Nebraska train accident laws and personal injury claims.
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Overview of Nebraska Train Accident Laws
Nebraska train accident laws are designed to protect individuals who have been injured or killed in train accidents. They are regulated by federal law, which has jurisdiction over railroad accidents involving interstate commerce, and state law, which covers accidents within the state.
Federal Law
The Federal Employers Liability Act (FELA) is the federal law that applies to railroad workers who have been injured on the job. FELA provides injured railroad workers with the right to sue their employers for negligence if their injuries were caused by unsafe working conditions or faulty equipment. This law does not apply to passengers or bystanders who are injured in train accidents.
The National Transportation Safety Board (NTSB) is responsible for investigating and determining the cause of train accidents in the United States. They also issue safety recommendations aimed at preventing such accidents in the future.
State Law
Nebraska state law provides a cause of action for individuals who have been injured or killed in train accidents caused by negligence. Negligence is defined as the failure to exercise reasonable care that results in harm to another person. In order to prove negligence in a train accident case, the injured party must show that the railroad company:
- Owed a duty of care to the injured party
- Breached that duty of care
- Caused the injury
- The injury caused damages
Personal Injury Claims
If you have been injured in a train accident in Nebraska, you may be eligible to file a personal injury claim against the responsible party. This can include the railroad company, the train operator, or any other party whose negligence contributed to the accident.
Types of Damages
The damages that you can recover in a personal injury claim depend largely on the severity of your injuries and how they have impacted your life. Some of the types of damages that you can recover include:
- Medical expenses
- Lost wages
- Pain and suffering
- Disability
- Disfigurement
- Emotional distress
Statute of Limitations
In Nebraska, the statute of limitations for personal injury claims is four years from the date of the injury. If you fail to file a claim within this period, you may forfeit your right to recover damages.
It is important to note that different causes of action may have different statutes of limitations. For example, a wrongful death claim may have a different statute of limitations than a personal injury claim.
Comparative Negligence
Nebraska follows a comparative negligence system when it comes to personal injury claims. This means that the court will determine each party’s degree of fault in the accident and allocate damages accordingly.
If the injured party is found to be partially at fault for the accident, their damages award will be reduced by their degree of fault. For example, if the court determines that the injured party was 20% at fault for the accident, their damages award will be reduced by 20%.
Hiring an Attorney
If you have been injured in a train accident in Nebraska, it is highly recommended that you seek the assistance of an experienced personal injury attorney. They can help you navigate the complex legal system and fight for the compensation that you deserve.
A personal injury attorney can:
- Investigate the accident and gather evidence
- Negotiate with insurance companies and other parties
- Represent you in court
- Help you understand your legal rights and options
Conclusion
Train accidents can cause serious injuries and even fatalities. If you have been involved in a train accident in Nebraska, it is important to understand your legal rights and options. Nebraska train accident laws and personal injury claims can be complex, but with the help of an experienced personal injury attorney, you can recover the compensation that you deserve.