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Canadian Via Rail Derailment Leaves 3 Dead, 46 Injured

A Canadian Via Rail train derailed outside of Toronto Sunday afternoon, killing three locomotive engineers and injuring 46 passengers.  A Via Rail Spokesperson confirmed 75 people were aboard the six-car passenger train that was traveling from Niagara Falls to Toronto when it derailed east of the Aldershot Station in Burlington, Ontario. 

Three passengers were airlifted to area hospitals, requiring treatment for severe injuries, including a broken leg and back injury, and another suffered a heart attack.  Other injured passengers were either treated at the scene or taken to local hospitals. 

The cause of the derailment is still under investigation by the National Transportation Safety Board.  According to experts, it appeared that the derailment occurred while the train was crossing one set of tracks from another.  A spokesperson from the National Transportation Safety Board has stated that it may be some time before the cause of the derailment is known.

The Federal Employers' Liability Act ("FELA") governs claims brought by railroad employees who are injured on the job.  Actions for injuries suffered by railroad employees differ from ordinary workplace accidents where workers may recover under workers' compensation laws.  FELA requires that railroad employees prove that their injury was caused, in whole or in part, by the negligence of the railroad through the conduct of another railroad employee, agent, and/or contractor. 

The attorneys at Dreyer Boyajian LLP are experienced in dealing with a broad range of transportation injury cases and are currently handling a railroad accident case involving a freight train and a motor vehicle.  To learn more about our train and railroad accident practice click here.  If you or someone you know has been harmed in a train accident, contact our office for a free consultation with one of our attorneys. 

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