Carryall and Van
Carryall and Van
Van or “Carryall” Cases
What Do I Do If I am Injured in a Van or “Carryall” Collison?
As a railroader working in the transportation department, your job duties require you to ride in vans or “carryalls” hired by the railroad to take you to and from your work sites. These van companies are “agents” of the railroad, and are held to the same legal standard as the railroad where their negligence causes injuries.
Even though legally, these companies and drivers are held to a higher standard than a typical driver on the road, railroad van drivers are poorly compensated and can be inexperienced, in poor health, and have complicated work histories. Yet, as a railroad employee you are not given the choice whether to ride or not.
When multiple parties are responsible for your injuries, the complexity of assigning fault and successfully litigating your case requires that you hire an experienced FELA team to navigate liability and ensure that you are fully compensated for your injuries.
Our team has successfully litigated lawsuits against van transportation companies Hallcon, Renzenberger, Railcrew Xpress, and Professional Transportation, Inc. (PTI) on behalf of seriously injured railroaders and their families.
What If The Van Driver Was Not At Fault?
Fault matters. If you are injured on the job while being transported in a carryall and the driver is negligent and causes the accident, the van company and the railroad are legally responsible. But just as in any case, the driver must be at fault to hold the van company and driver responsible for your injuries.
When the van driver is not at fault in causing your accident and injuries, your claim or lawsuit must be brought against the driver who caused the collision. Where the negligent driver is operating a commercial vehicle, insurance may not be a problem; but where the negligent party is operating his or her personal vehicle, your personal insurance can make all the difference.
Why Do I Need Underinsured Motorist and Personal Injury Protection on My Own Auto Insurance Coverage?
When an uninsured or underinsured non-commercial driver runs into, and/or is at fault in causing a collision where you are injured your Under-insured Motorist (UM) or Personal Injury Protection (PIP) insurance policy may cover you. If the carryall company causes a bad wreck and major injuries to its passengers, UM or PIP may likewise help to cover you for your injuries.
The more UM and PIP insurance you carry, the greater benefit you will receive should you be injured by the fault of a non-commercial driver.
In Texas for example, the law does NOT require the van company to carry UM coverage. In Louisiana, your union was successful in requiring van companies to carry UM coverage of $150,000. In a tragic death or serious injury case, that amount is highly unlikely to cover your damages, and again, your personal UM and PIP protection can be critical to your final payout
Complicated legal issues like those that can arise in van cases require you to work with an experienced FELA team. Our team at The Youngdahl Law Firm, P.C. and Doyle Dennis LLP is here to help ensure that you and your family are fully protected and compensated.