If you or a loved one has been injured in a deadheading incident, do not accept the railroad's representation that it is not responsible for the acts or omissions of the cab company it hired to transport its workers. Suppose the cab company is engaged in an operational activity of the railroad, such as transporting outlawed workers back to their home terminals. In that case, any negligence on the cab company's part is the railroad's responsibility. After all, it is the railroad that hired this company. While the law makes the railroad responsible, the railroad will often go to great lengths to argue that it is not accountable.

• Because the injured worker had exceeded the maximum hours of service, they were no longer on duty and therefore were not covered by the FELA.
• Because the railroad had no direct control over the actions of the cab driver, it is not responsible.
• The contract between the railroad and the cab company requires the cab company to take out insurance, and therefore the railroad has no further responsibility.
• The employee chose to be transported back to their home terminal, and therefore was no longer in the course and scope of his/her employment and is not covered by the FELA.

This is a partial list, as the railroad will make any argument to avoid responsibility. Of course, when its other ideas fail, the railroad will fall back on the argument it invariably raises – blame the injured worker.

Brian Reddy encountered a real-life example of this when he represented a locomotive engineer who was injured while being transported by a cab company at night in a snowstorm. The cab driver was not paying attention and missed the proper highway exit. Rather than continuing to the next exit, the driver decided to reverse back toward the exit ramp. The locomotive engineer noticed headlights from a large vehicle approaching in their direction. The cab driver hit the brakes and stopped his van straddling the lanes of oncoming traffic. The engineer decided that it was safest for him to jump out of the van before being hit by the oncoming vehicle. When he opened the door to jump, the cab driver hit the gas, throwing the engineer out of the van and onto the road. He broke his nose and some teeth but, fortunately, was able to get up and out of the way before being hit by the oncoming vehicle, a semi-tractor-trailer.

Despite these facts, the railroad said the incident was entirely the engineer's fault. Shortly before the trial, the railroad offered to settle, but Brian's client felt the amount was unfair. Brian tried the case, and the jury awarded the engineer $413,000. $13,000 was for the loss of earnings, and $350,000 was for pain and suffering. This verdict far exceeded the offer made by the railroad.

If you or a loved one is injured while deadheading, immediately contact Brian Reddy at (419) 482-1467 for a no-cost, no-pressure legal consultation. Brian Reddy has 28 years of experience representing injured railroad workers in lawsuits against the railroad. 

As soon as the railroad learns of your injury, claim agents from the risk management department will begin protecting the railroad's interest and working to limit any compensation you may be entitled to. You must get a tough lawyer on your side to protect your interests.  

In most situations when you are a railroad employee transported in railroad-provided transportation you are covered under the FELA. However, you could be injured due to another driver's negligence and without fault on the part of your driver or vehicle. If the railroad or its agents are not negligent, you will not recover under the FELA. If the other driver has little or no liability insurance coverage and no assets, you could be seriously injured, be permanently unable to return to work, and yet have little or no monetary recovery. Therefore, it is highly recommended that you purchase supplemental underinsured/uninsured motorist coverage ("SUM") with as high coverage limits as you can afford. This will allow you to seek recovery from your insurance company if the negligent driver does not have sufficient insurance to compensate for your injuries. Talk to your insurance company or agent for more on this.