Train accidents may not happen as often as car crashes and truck wrecks, but train accidents do occur and the injuries can be significant. As with other drivers, train operators owe a duty of care to passengers and others to act with reasonable care.

Cell Phone Use Can Interfere with That Responsibility

If a train operator, conductor, engineer or other railroad worker is distracted by a cell phone or other electronic device, then a train crash, derailment or other accident can occur. In 2008, the Federal Railroad Administration (FRA) issued an Emergency Order No. 26 to address this problem and significantly limit the use of electronic devices by duty railroad workers.

A New Rule Began in 2011

In March 2011, much of Emergency Order No. 26 will become an official FRA rule. Railroad workers who are caught using a cell phone or other electronic device while on duty may face significant consequences whether or not an accident occurs.

People who are injured by distracted railroad workers may be entitled to damages. If you have been involved in a train accident caused by a cell phone or other device, please contact the experienced New Jersey and New York railroad injury lawyers of Hofmann & Schweitzer for a free consultation at 1-800-362-9329 or via our online contact form

Paul T. Hofmann
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Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.
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