eAlom’s Travel Guide

Railroad Accidents

Railroads have tried to win repeal or reform of FELA during the past decade when there was a presumably sympathetic Republican in the White House, but it was to no avail. And the outlook now is not good, since President Clinton went to Washington with a reputation for being in the hip pocket of the plaintiffs’ bar, even though he was governor for 12 years of a right-to-work state.

FELA, of course, is the law that created a tort system for actions when a railroad employee is killed or injured on the job. If an offered settlement is not accepted, a lawsuit can be filed. The employee (or heir) has to prove that the railroad was at fault, that the railroad was negligent, whatever. That’s not especially difficult, given juries today and especially given a plaintiff’s lawyer’s ability to choose venues where juries are notoriously generous.

Even some FELA lawyers will say that the system will eventually be changed. At the same time, some top union officers are saying that FELA, and the fear of big dollar losses, is the only thing that makes railroads think about safety. OK, railroads don’t like FELA awards. But to say that this 1908 law is what promotes safety efforts is nonsense. There has to be a better way.