Find Lawyers in San Antonio, Texas for Railroad Law
Larry Kurth serves as managing partner of Akerman’s San Antonio office. Board Certified as a Civil Trial Lawyer by the Texas Board of Legal Specialization, he has a broad-based commercial litigation practice with a focus on insurance disputes. Larry has significant experience in policy drafting, interpretation, fraud, malpractice, and coverage matters. His clients include both multinational corporations and top 50 insurance companies. In addition to his insurance practice, Larry represe...
Railroad Law Definition
However, particular to railroads, therefore properly thought of as “Railroad Law,” is litigation in two areas of law: highway/railroad grade crossing litigation and occupational injury litigation under the Federal Employer's Liability Act (FELA), 45 U.S.C. §51, et seq.
Intersections between railroad traffic and highway traffic exist all over the country and are frequently the scene of collisions that result in serious personal injury and property damage, and commensurate litigation. Various provisions of state and federal law along with principles of physics, acoustics, and semiotics affect grade crossing litigation that make it an area of specialization.
A railroad whose business activity affects interstate commerce can be sued under the FELA by its employees who suffer injury from work that is performed in furtherance of interstate commerce. Effectively, this includes most railroads and all of their employees. Claims under the FELA are brought in lieu of claims under state workers’ compensation systems. The types of injuries for which railroads are sued under the FELA include “traumatic” injuries that occur from one or a few incidents and occupational diseases that are claimed to result from a long series of exposures to the disease-causing activity or substance. The FELA has been in effect for more than 100 years, and a specialized body of law has grown up around litigation under the Act.
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