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In 1890 the first patent for a diesel engine was issued. Over the next century, more and more industries incorporated this type of engine in equipment and vehicles. One of the main reasons for its popularity was that diesel engines were more energy efficient than engines that ran on gasoline.
Diesel fuel releases less CO2 carbon emissions than gasoline fuel. This is why it became so popular, especially in Europe where the majority of vehicles run on diesel fuel. However, what diesel does emit is Nitrogen Oxides (NOx), which has created a massive pollution problem in many European countries, causing serious health risks.
Diesel engines are used in the majority of vehicles used in the transportation industry, from locomotives to trucks. But multiple studies have concluded that prolonged exposure to the particles and fumes produced by diesel fuel has a hazardous impact on those who work around it.
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- FELA Law Injury Attorneys Give Info for Injured Railroad Workers
And just like other types of hazardous materials, such as asbestos, workers who worked closely with and around diesel were the last to be told of the risks they were being exposed to day in and day out. One of these hazards was the link between lung cancer and diesel fumes.
According to studies conducted by the America Cancer Society, diesel fumes, such as soot, can change the DNA of a cell, leading to cancer. Other studies have found that workers who work around diesel fumes have a higher risk of developing cancer. Some of the professions cited in these studies include railroad workers, heavy equipment operators, truck drivers, and miners. Similar conclusions have been found by studies conducted by the Environmental Protection Agency (EPA) and the World Health Organization (WHO).
If you are exposed to diesel fumes on a regular basis because of your job, there are some steps that may help minimize your risk. These include:
- Stepping away from diesel engines whenever possible, such as during breaks and lunches.
- Discuss with your employer about what can be done to create a safer work environment. Items such as masks and respirators should be supplied to workers. Steps should also be taken to improve ventilation in the work area.
- Any worker who works around diesel engines should make sure their physician be aware of the work environment they are exposed to every day, as well as schedule regular examinations to check for any symptoms related to lung cancer or any other lung diseases. The sooner these conditions are diagnosed, the better the chances are of successful treatment.
Contact a Virginia FELA Injury Attorney
In many cases that involve the tragic illness or death of a railroad employee, the railroad may contact the victim’s family to try to offer a quick settlement. The amounts they offer are usually far below the actual amount the family would recover with the help of a FELA injury attorney. Victims and their families should never sign or agree to any settlement without first consulting with a Virginia FELA attorney.
At Shapiro & Appleton, we have extensive legal experience advocating for railroad workers and their families. If your loved one has been injured or killed in a railroad accident, call our firm today to find out how we can help your family get the legal and financial justice you deserve.
Railroad accidents, derailments and fatalities have declined in Montana and other parts of the country in the past 10 years, according to data from the Federal Railroad Administration. The FRA reports that the decline is a reflection of efforts to enhance safety and by efforts in Montana specifically to communicate better with federal regulators, and to detect any trends.
According to FRA data, railroad accidents fell from 198 in 2008 to 98 in 2017, which is a 55% decline. Public Service Commission Chair Brad Johnson in Montana stated that the numbers speak for themselves, and show the efforts in Montana to boost railroad safety have produced tangible results.
Johnson noted it is a multifaceted effort to improve safety in the state that has done the job. Burlington Northern Santa Fe Railroad (BNSF) and Montana Rail Link officials stated their companies have made strong efforts to enhance safety, mostly through increased reporting, supervision and improving technology.
Montana Rail Link also reported that the company today has a stronger safety culture. The company actively promotes control, recognition and elimination of hazards, and also has a work environment where all workers attempt to contribute to success in rail safety.
BNSF has 2300 employees in the state and a payroll of $175 million. It has 2600 miles of track in Montana, and it handles more than two million cars per year. Of those, 300,000 rail cars come from grain elevators and other facilities in Montana.
Montana Rail Link runs 20 trains per day and hauls 420,000 carloads of freight each year. It has 900 miles of track in the state and has 1200 workers.
Railroad accidents and incidents have been falling at a faster rate in Montana than in most other states in the Northwest. Of the eight states in that part of the country, Alaska and Wyoming are the only ones that have seen a greater decline in railroad accidents.
Our railroad accident and FELA attorneys in Virginia are pleased to read that railroad safety is being improved in Montana and in other parts of the country. When there is a railroad accident, such as a derailment, pedestrian crossing, car crossing or other such rail mishap, there can be very serious and fatal injuries. Our railroad accident lawyers once settled a railroad accident claim for $650,000 where our client, a worker for CSX, was injured when she fell off a rail car when the train hit a hostler truck that pulled onto the track in front of the train.
The Department of Transportation stated this month that railroads must act urgently to meet a Dec. 31, 2018 deadline to adopt automatic braking technology. Transportation Secretary Elaine Chao made the statement in a letter she sent to 47 of the nation’s railroads in early January.
Chao’s urgent call to action came a few weeks after an Amtrak train derailed Dec. 18 near Seattle, killing three people. The train was going 80 MPH in a 30 MPH zone. Federal investigators are still studying what caused the train derailment. But rail experts say that Positive Train Control or PTC could have automatically slowed the train if the technology had been in operation. The system was installed on the train and tracks, but was not functioning when the crash occurred.
That deadly Washington state accident and other fatal train crashes in recent years have increased the urgency for PTC, which can slow or stop a train that is not obeying speed limits or track signals.
The Dec. 27 letter stated that the Federal Railroad Administration has been ordered to work with railroad leadership across the country to create more urgency to getting PTC installed by the end of 2018. Chao stated that getting PTC implemented on schedule is one of the most important rail safety initiatives on the DOT agenda.
Congress mandated railroads adopt PTC after a train crash in 2008 between a commuter and freight train in Chatsworth, California. That crash killed 25 people.
Chao stated that after reviewing data about PTC progress, many railroads had fallen far behind schedule and would need assistance from the federal government to meet the deadline. DOT stated that 45% of freight railroad track and 24% of passenger railroad track have PTC working. But 12 railroads stated they have less than 50% of the equipment needed by Sept. 30.
PTC provides signals between trains, tracks and dispatch centers to slow down trains that are speeding or to stop them at the appropriate signals if the engineer is not responding. The system requires PTC equipment to be installed on tracks and in train engines. Railroads have installed a lot of the technology over the last several years but too many railroads have fallen behind schedule. The federal government is concerned more serious train crashes will occur with loss of life, so they are pushing railroad companies to get everything done by the end of 2018.
Our Virginia railroad accident attorneys, who have represented train crash victims in personal injury lawsuits. support the federal government pushing railroad companies to get PTC installed as soon as possible. This advanced braking system on freight and passenger trains will save lives. Train derailments cause serious injury and death far too often, and any safety system that can prevent these accidents is worth doing.
US Congress will be investigating the safety of freight trains that are growing increasingly longer operated by CSX, Union Pacific, and other major railroads to increase profitability, according to the US Government Accountability Office.
As of 2017, train length is unregulated in the United States. Any effort to add rules to restrict train length will face strong railroad industry opposition because railroads like to increase the length of trains to increase profit margins; longer trains mean more efficient fuel use, better use of locomotive power and more rail cars filled with product without needing more crew.
In addition to the study being conducted by GAO, the Federal Railroad Administration is increasing its inspection presence at CSX railyards. An FRA spokesman did not explain the concerns over the length of CSX trains, but he noted that increased inspections could be due to complaints about safety and a large number of railroad accidents in recent months. The spokesman noted this month that there have been more accidents involving long freight trains that are being investigated by the FRA and NTSB.
Members of Congress reported this year that they have received more complaints about safety at railroad crossings, as well as complaints about traffic jams at crossings.
CSX told investors in October 2017 that its freight trains are 400 feet longer since March. That is when the new CEO launched a new plan to increase profits and streamline rail operations. However, FRA data shows that train accidents at CSX and incidents per miles traveled are at the highest in 10 years.
Concerns about safety have increased since a fiery derailment of a 180 car CSX freight train in Pennsylvania in August 2017. There also was a derailment on Nov. 27 of a CSX train in Florida that spilled molten sulfur.
CSX employees and unions have argued that many train conductors do not have the experience to safely operate such long trains.
Our railroad accident personal injury attorneys in Virginia are concerned about the increasing length of freight trains. The longer trains are, the more likely it is that a derailment could occur. Also, a longer and heavier train will take much longer to stop in case of an emergency. It is very common for railroads to push the rules to increase profits, and they are known to cut corners regarding safety if it means more money for shareholders.
If you have been injured in a railroad accident, be sure to read our books on railroad accidents and railroad worker accidents. You may be entitled to compensation when a railroad is negligent and causes your injuries in an accident.
Work is continuing in Virginia to install Positive Train Control (PTC) onto railroad tracks that experts say could have prevented many recent, fatal train accidents, such as in Hoboken, New Jersey, and Philadelphia, Pennsylvania.
Virginia Rail Express (VRE), a popular commuter rail line in the state and in the metro Washington DC area, stated in early March 2017 that it is on track to have all trains and cab cars outfitted with PTC in the next few months.
VRE trains are on CSX and Norfolk Southern tracks in Virginia, and Chief Executive Officer of the VRE, Doug Allen, stated last week that the commuter rail line is working with both rail companies to get PTC done.
Allen noted in a press conference that VRE is installing radios and computers, which communicate constantly with the systems being installed on all tracks. Once the system is fully operational, it will be able to stop or slow a train automatically to avoid a train crash or train derailment.
Several recent train crashes on the East Coast have highlighted the need for PTC.
In May 2015, an Amtrak train was going too fast on a curve near Philadelphia. Eight people were killed. In September 2016, a New Jersey Transit train crashed in the Hoboken commuter station, killing one. Many experts believe the train accidents could have been prevented with PTC.
VRE wants to start testing the new PTC systems by September 2017, and hopes to have the system up and running by next year.
Our personal injury and wrongful death attorneys in Virginia are pleased that positive train control is soon to be fully operational on all VRE trains in the Commonwealth. PTC can likely prevent many serious train accidents and derailments that kill and seriously injure many people nearly every year.
Our personal injury rail road accident law firm has handled lawsuits where a train derailed and led to catastrophic personal injuries. Our law firm and co-counsel represented a gas station worker who suffered a traumatic train injury when a Norfolk Southern train derailed and crashed into his workplace.
The man suffered many serious, orthopedic injuries and brain damage. The train crash verdict was $60 million with interest, and we were proud to get that case resolved so the victim could get the medical care he needed.
If PTC can prevent those types of disastrous train crashes, the system will be entirely worth the cost.
A leading freight railroad has been urging Congress to pay for passenger railroad companies to install positive train control or PTC on all passenger trains.
BNSF Railway has been one of the leading companies promoting the use of PTC, a technology that will slow a train down automatically that is going over the speed limit.
PTC will eventually be required by law for all freight trains. But BNSF says that the efforts for more train safety will be futile if passenger and commuter trains do not have the same technology; all of the various types of trains share the same tracks.
BNSF is actively urging Congress to fund PTC for commuter rail services. The head of BNSF told Congress this month that he fears that a crash will happen where a freight train has PTC but the passenger train does not.
Congress first gave commuter and freight trains until Dec. 31, 2015 to install PTC. This advanced GPS technology can prevent derailments, collisions, crashes and improper train switching.
But railroads struggled to meet the deadlines and lawmakers gave them until the end of 2018 to comply. However, recent train crashes in New Jersey and elsewhere have increased pressure on stakeholders to get PTC done as soon as possible.
Freight trains are getting PTC installed faster than commuter trains. BNSF recently tested 35,000 PTC segments in the last 60 days, and 85% of them had no problems.
Our railroad accident attorneys have long been advocates of PTC. The idea of positive train control has been around since 2008 when a Metrolink crash in California killed the train operator and two dozen others. In that terrible train crash, the operators was texting a friend on a cell phone, which caused him to run a red light, and tragedy resulted.
President Bush signed a law that would require all railroads to implement PTC systems by the end of 2015. Now the deadline is the end of 2018. We hope it is installed before then because the Federal Railroad Administration states that the system could prevent up to 52 accidents each year.
The new system is expensive and will present both time and financial challenges for railroad companies. But the fact is that the technology will save lives. Also, major freight companies are largely on schedule with PTC. Commuter and passenger trains are lagging, but perhaps with some federal help, they will be able to meet the 2018 deadline as well.
If so, many tragic train crashes, personal injury lawsuits and wrongful death lawsuits could be avoided.
Ex-Federal Railroad Administration (FRA) Chief Sarah Feinberg was in the job for only weeks in 2015 when a commuter train slammed into an SUV stopped on the tracks just north of New York City. Six people died in the train crash.
That Feburary 2015 train crossing accident highlighteed a problem that has been with the railroad industry for more than a century: the danger when railroad tracks and roads meet.
Feinberg was a former Obama White House advisor who did not have railroad industry experience, and her appointment got plenty of criticism. She sought a new way of thinking regarding keeping the country’s 240,000 railroad crossings safe. Signals, signs, lights and bells are useful, but what if better technology could prevent many railroad crossing accidents?
Fenberg, who left the job as FRA commissioner with Donald Trump was inaugurated as president, truly tried to embrace her outsider status in the railroad industry.
In a recent interview, she said that she tried to hold railroads accountable when they did wrong. She also said that she had the FRA aggressively policy safety violations; the agency was able to close cases at a higher rate and collect more fine money each year than previous commissioners.
Progress After Tragedy
After the New York City commuter train tragedy, another train derailed near Philidelphia, killing eight. Feinberg pushed railroads to install positive train control (PTC) technology that would use GPS navigation systems to automatically slow trains if one was getting into a dangerous situation.
The technology had long been avaialble, but railroads had slow walked adopting it due to the cost. The industry convinced Congress to delay PTC implementation until 2018, but Feinberg fought back and would not accept any more delays. PTC will begin to be installed in 2018.
Feinberg hopes that the next FRA commissioner will continue to push for new technologies to reduce the number of train crashes and derailments each year.
Our train crash personal injury attorneys in Virginia are glad that ex-FRA Commissioner Sarah Feinberg was such a strong advocate for PTC technology. Our attorneys have been advocating for this technology for years. There is no doubt that PTC can reduce the number of deadly train crossing accidents and derailments that happen every year.
Our railroad crash attorneys know very well the terrible consequences that can unfold in a train derailment. We worked on a record-setting $60 million verdict in a train derailment case in 2000. It involved a gas station attendent who was severely injured when a Norfolk Southern train derailed and crashed into his station.
PTC could prevent those types of tragic railroad accidents, and that is why we so strongly support it.
A Long Island Railroad commuter train that crashed in Brooklyn on Jan. 4 was traveling at double the speed limit when it slammed into the train station. More than 100 people were hurt, according to federal investigators.
The train was going more than 10 miles per hour when it smashed into the end of the tracks at Atlantic Terminal in Brooklyn. The speed limit there is five miles per hour. The NTSB is continuing to investigate the crash and has not yet determined the final cause.
The train smashed into a bumping block during the morning rush hour. The train then hit a room beyond the railroad track and caused two cars to derail.
The engineer who was operating the train said that he could not recall the crash. Investigators stated that the engineer was very experienced, having started in 1999 at the railroad. He had started working at midnight and was near the end of his shift.
The NTSB noted that positive train control was not in place on the tracks where the crash happened. This is an automatic train safety control system operated by GPS that can slow trains automatically to avoid hazardous situations. PTC could have been installed on these particular tracks but they have not been.
Our railroad personal injury attorneys have long said that we want to see commuter rail lines in the US fitted with PTC as soon as possible. However, railroads have lobbied congress to delay implementation of PTC until 2018 at least. We hope that this technology is speeded up and installed on commuter lines and trains immediately.
When trains have safety problems and derail, the injuries can be terrible. We once represented a man who suffered massive brain injuries when a train in Hampton, Virginia derailed. It slammed into his gas station. The man’s family chose our firm because of our experience in handling major train derailment accidents. We were glad to have gotten a verdict for the man of $60 million, but we would like to see these railroad derailments never happen again.
A fatal crash and derailment between two Union Pacific trains in Arkansas on Aug. 17, 2014 was the result of a tired engineer and conductor who were likely both asleep on at least one of the trains, according to federal investigators this month.
The dual train crash happened in Hoxie, Arkansas, and the NTSB reported that it could have been prevented by positive train control (PTC), a form of automatic braking operated by GPS, which Congress has mandated to be in place by 2018.
The train crash in Arkansas derailed 55 cars and killed a total of two people – both crew members on different trains.
The NTSB stated that the southbound Union Pacific train hit the northbound train as it was turning onto another track. The southbound train passed two warning lights and a red signal, but did not slow down. There was no activity in the cab of the train before the wreck.
The board did not find the northbound train at fault. Several people on that train were seriously injured.
The engineer in the northbound train had moderate sleep apnea that was diagnosed in 2010.
We wrote about this fatal train crash in Arkansas when it happened. Our Virginia and North Carolina train crash attorneys have long been baffled that railroads have delayed the installation of PTC on their trains. PTC would automatically stop a train before it can run a red signal or get into another situation that endangers human life.
The Federal Railroad Adminsration states that PTC could stop 52 train crashes each year. We hope that railroads will implement PTC before the 2018; it will save lives.
Our personal injury attorneys are experienced in wrongful death and personal injury claims in train accidents. The need for robust state laws involving personal injury recoveries could not be more demonstrated by nationwide railroad highway grade crossing crash cases. While the federal laws provide for it national railroad system, when persons are harmed or killed in railroad crashes, the state laws system supplies the right of recovery for persons that suffer injuries caused by negligence.
The engineer running a New Jersey Transit train that slammed into Hoboken Terminal in September had a undiagnosed sleep disorder, according to his attorney this week.
The engineer, Thomas Gallagher, recently discovered that he had severe sleep apnea. The test results that confirmed the disorder were sent to federal authorities on Oct. 31.
Gallagher stated that he did not remember the crash at all, and he believes that the sleep disorder may have led to the accident that killed one and injured more than 100.
His attorney stated that the engineer believes that the sleep disorder caused him to black out just before the crash. Gallagher said that he remembered checking his speed as he should just before pulling into the terminal, blowing the whistle and ringing the bell. The next thing he remembered, he was on the floor of the engine after the accident.
The train smashed into the station in the middle of a busy morning commute. The person who died was on the train platform and was struck by debris. Other commuters also were injured by flying debris, and some passengers on the train also were injured.
Undiagnosed sleep apnea can be a serious danger for professionals who operate trains, trucks, airplanes or other commercial transportation. The condition involves pauses in breathing during sleep, which causes the person to wake up. This can lead to excessive sleepiness during the day.
The Federal Railroad Administration or FRA stated this week that it would release a new safety advisory to urge railroads to more aggressively fight worker fatigue and to install cameras in trains.
As railroad accident attorneys in Virginia, we wish that the train engineer had been diagnosed with his sleep apnea condition as it could have saved lives. Also, this tragic train accident is another reminder of the importance of commuter trains installing Positive Train Control or PTC.
This system would automatically stop a train before it is able to speed excessively or to run a red signal. PTC was supposed to be installed on at least 25 US passenger train systems by the end of 2015, but it has now been delayed until 2018.
We hope that PTC will be installed on major commuter rail systems as soon as possible so that serious train accidents and derailments can be prevented. Our railroad attorneys have worked on major train accident cases involving large financial settlements and verdicts, and we would like to see fewer of these tragedies happen.