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1 Dead After Train Hits Car in Jacksonville FL

One person died in Jacksonville FL when an Amtrak train slammed into an SUV that was straddling the tracks last week, according to the Florida Highway Patrol.

The police stated that the train hit the Chevrolet Tahoe at approximately 7:20 PM on Jan. 14. The driver of the SUV died after he was taken to a local hospital. According to witnesses, the driver apparently stopped on the tracks due to traffic.

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No passengers or anyone else was injured in the crash. Police continue to investigate the accident.

Our research and experience as railroad accident attorneys in Virginia and North Carolina tells us that 31% of railway fatalities occur at railroad crossings.

Despite what some people think, most train crossing crashes do not occur because the driver was trying to cross the tracks before the train got there. In fact, many railroad crossings are ‘passive’, meaning that they do not have gates or flashing lights. At many of those crossings, the driver is supposed to watch and listen for train. However, many of these railroad crossings have poor visibility. That was the case in one of our train crossing crash cases, where a Norfolk Southern train appeared suddenly and hit our client’s car, which caused serious injuries to his two children.

A study was done of train crossing crashes, and sight obstruction was found to be a problem in 689 crashes, which led to 87 deaths.

Active railroad crossings with flashing lights and gates also can be made to be safer. One problem with them is the warning time may be too long, which makes drivers impatient and they may drive around the gates. Sometimes the gates and flashing lights do not work properly, which opens the possibility of a personal injury or wrongful death lawsuit.

 

FRA Scrutinizes Railroad Merger Due to Safety Concerns

Canadian Pacific Railway Ltd. wants to merge with Norfolk Southern Corp., but federal regulators in the US worry that mergers of large railroads could lead to railroad safety concerns.

The Federal Railroad Administration (FRA) regulates rail safety in the United States, and is looking carefully at the proposed merger, as it scrutinizes safety worries that could result when such large railroad companies merge.

Some of the challenges include the combination of the safety cultures of two different companies. Specifically, FRA wants to know which company’s safety rules and protocols would be followed first, and how to build the newly combined workforce so that communication channels remain open.

FRA may not block a railroad merger; the Surface Transportation Board must approve it. However, the FRA does work with railroads on safety integration plans to make sure that safe operations continue when a merger occurs.

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One of the major safety concerns is related to oil train safety. The last few years have seen several fiery derailments of oil-laden trains that led to serious injuries and deaths. One of those cases occurred in Lynchburg VA, where an oil train derailed and spilled thousands of gallons of crude oil into the James River.

Our railroad injury attorneys are pleased that the FRA is looking carefully at this proposed merger and is ensuring that public safety takes precedence above all else. Our experience with railroads in personal injury lawsuits tells us that such large corporations are quick to put profit ahead of safety at times.

In a record setting $60 million verdict in a train derailment case, we represented a man who suffered terrible injuries when a Norfolk Southern train derailed and crashed into his gas station. Even though it was obvious from the huge amount of evidence we brought to the case that the railroad was clearly at fault, Norfolk Southern denied responsibility for a full year.

Anyone who suffers an injury in any kind of railroad accident should know that the railroad often will try to deny responsibility, so it behooves you to consult with an expert railroad personal injury attorney in your area about the case. Look for a law firm that has a record of multi-million dollar settlements and verdicts in train accidents and derailments.

Switchman Who Loses Leg Sues Railroad

A former switchman for Tacoma (WA) Rail has filed a lawsuit against the railroad. He contends that the railroad created a dangerous railroad work environment that contributed to the accident that caused him to lose a leg.

Federal-Employee-Liability

Nathan Johnson, 45, from Fife WA, is seeking damages for his pain and suffering, lost wages and medical expenses. An earlier claim with the city showed that he is seeking $6 million.

The lawsuit claims that he was trying to climb into a moving rail car when he fell partially under the train. The suit further states that Tacoma Rail actively encourages employees to climb onto and off moving trains to get work done faster and to reduce labor costs. Further, the claim states that the safety appliance on the railroad car were inadequate and in violation of the Federal Railway Safety Appliance Act.

Our extensive experience in Virginia and North Carolina as railroad accident attorneys has shown that railroads often will try to avoid their liability for workers’ injuries on the job. We have represented many railroad workers who have been badly injured on the job, and have been pleased to reach large settlements and verdicts for our railroad worker clients.

One of the most important things we want to stress is that railroad workers should not be afraid to take legal action against a railroad whose negligence may have led to your injury. In reality, there have been many successful personal injury lawsuits in recent years against railroads. Consult an expert railroad personal injury attorney in your state and the results can be highly favorable.

New York Town May Shut Down Deadly Rail Crossing

A small town in Westchester County, NY may shut down the railroad crossing where an SUV driver and five train passengers died in a disastrous railroad crossing crash last year.

The Feb. 3, 2015 train crash prompted the town of of Mount Pleasant NY to study whether vehicle traffic should be diverted from the hazardous railroad crossing at Commerce Street.

The town supervisor noted that this type of major accident indicates that the crossing could simply be too hazardous to remain open. An actual closure of the crossing would require New York state approval.

amtrak

The deadly crash happened during rush hour during the week on Metro North’s Harlem line, which runs from Grand Central Station in New York City into Westchester County. It also continues on into nearby Putnam and Dutchess counties.

The crash occurred when the SUV driver stopped on the railroad tracks after she had been diverted from the Taconic State Parkway after another accident.

After the train smashed into the SUV, the third rail that powers the train pierced the floor of the first train car. Also, 12 pieces of rail tore through the car, which caught fire.

More light has been shed on this crash this month, after the NTSB released many of its investigation documents about the likely cause of the crash.

The NTSB documents revealed that the traffic control system at the railroad crossing that controls stoplights was out of compliance with federal guidelines when the crash happened.

This is known as a preemption system, which is supposed to activate traffic lights as trains approach the crossing. The aim is to clear vehicle traffic from railroad tracks and to prevent accidents.

The system was not properly configured to clear track traffic coming from Taconic State Parkway, according to Steve Ditmeyer, a former federal rail official. Ditmeyer now runs a consulting firm in Virginia, and he recently reviewed the NTSB report at The Wall Street Journal’s request.

He noted that the proper stoplight sequence did not occur when the crash happened, but he was not certain if it played a major role in the crash. Since the crash, the preemption system at that crossing has been changed.

Our Virginia and North Carolina personal injury lawyers have represented the families of many train crossing accident victims over the last decade. This experience has provided us with a detailed grasp of why serious injuries and wrongful deaths happen at rail crossings.

If the families of the deceased in this tragic train/car crash want to collect compensation for their pain and suffering, it is important for them to work with the best railroad accident attorney they can. In Virginia, we often retain former railroad workers–who have retired–as investigators, or retain former federal railroad administration experts, and they conduct thorough investigations of railroad crossing crashes or railroad derailments. This work gives our team unique insights into the causes of these mostly preventable accidents. That type of skilled litigation is what helped us to win a recent $1 million settlement in a Virginia train accident.

 

 

 

 

19 Year Old Killed at Train Crossing in Idaho

A nineteen year old died last week in Kuna, Idaho, when a train slammed into his car at a railroad crossing at more than 50 MPH.

The local police stated that Peter Francois was struck by the train at a crossing in Kuna ID at a crossing on Black Cat Road. They also stated that the Union Pacific train was going 55 MPH when the wreck happened.

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It is unclear why the man did not stop the car at the railroad tracks. The police stated that there is a stop sign at the crossing. There is no crossing arms or flashing lights at the location, however. Police said that it appeared that the train engineer did follow the mandated protocol of blasting its horn before the crossing.

While the number of train crossing accidents have fallen greatly in the last 30 years, most that still occur are in rural areas. Rural crossings are not usually required to have crossing arms and flashing lights.

Unfortunately, railroad crossing accidents still are quite common, even though there are far fewer these days than decades ago. Our railroad accident attorneys in Virginia and North Carolina know that the majority of these accidents do not happen because the car driver is trying to beat the train. At passive rail crossings that have no flashing lights or gates, drivers have to watch carefully for train traffic. However, we have found that in many cases, drivers do not have a clear view to the left and right at the crossing.

One of our clients was going over railroad tracks in Virginia when a train suddenly appeared and slammed his car into a ditch, which led to a sizable settlement.

There have been studies of train crashes at railroad crossings, and it was found that sight obstruction from 2001 to 2005 had led to 87 deaths at the crossings. States have been quite slow to inspect railroad crossings and to remove all obstructions. If they did so, perhaps there would be fewer of these senseless tragedies. Anyone who has had a loved one killed at a train crossing should consult with an experienced attorney, because there are cases where the accident was not the driver’s fault.

 

Track Defects and Human Error Cause Most Train Accidents

A new study of federal rail records has found that most train accidents are due to track problems and human error, according to The Columbus Dispatch.

Some of those accidents and derailments have involved oil trains, but rather than focus on rail improvements and engineer training, US regulators continue to focus on beefing up tanker cars instead.

After several dozen crashes, derailments and oil spills in the last few years, rail authorities in Washington DC have enacted new regulations that will make oil tanker cars more robust. While this is seen as a good thing by many, the oil tanker cars themselves do not cause most of the accidents.

According to the former director of the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration Brigham McCown, the first responsibility of the government and rail companies should be to prevent the accident in the first place.

The study conducted by the newspaper in Columbus OH found the following:

  • 1/3 of train crashes in the last 20 years were at least partly due to track problems, including splits in the rail or a bad joint.
  • About 1/3 of the crashes were due to human error. These errors include an engineer nodding off as the train flies past a stop signal, or a worker not setting a brake properly.
  • Most of the other accidents reported to the Federal Railroad Administration were due to mechanical, electrical and signal issues.

The study stressed that as more trains are moving more oil by tanker car across the US, there should be a greater emphasis on improving train worker training, as well as beefing up rail line inspections by the Federal Railroad Administration. Railroads say that they are investing in better rail inspection technology, and also are purchasing better detectors that are installed along tracks.

While our rail accident attorneys based in Virginia appreciate the federal government’s efforts to improve oil tanker cars, it should be demanding that railroad companies enact tougher rail inspections. It also should pass new regulations that toughen training standards for all train engineers.

Railroads will always try to minimize their costs in any way possible, either on rail safety or in pay outs to victims in personal injury lawsuits. They always need to be closely regulated to ensure safety of the public.

We once had a $60 million verdict involving a Norfolk Southern train that derailed and smashed into a gas station, which led to severe and permanent injuries for our client. After a year of denying responsibility, the railroad finally admitted its culpability in the tragedy.

It took a lot of work on our part to get that verdict, but that is sometimes what it takes to get railroads to admit their role in derailments. Hopefully, tougher regulations on rail safety and engineer training in the future will reduce the likelihood of these types of accidents.

 

 

 

 

More Passengers File Lawsuits Against Amtrak

A Philadelphia law firm stated this week that it will seek punitive damages in lawsuits filed for six more passengers in the deadly Amtrak derailment last May.

The law firm, Baum, Hedlund, Aristei & Goldman, stated that the complaints that were filed in federal court will be consolidated with others that were filed earlier this year.

The law suits allege that the accident could have been avoided if better safety precautions had been implemented by Amtrak.

Eight people died and 200 were hurt in the May 12 derailment. The train entered a curve at double the 50 MPH speed limit.

Last week, Amtrak announced that it had activated a new safety system on that part of the track. The system is called positive train control or PTC. It is a complex package of equipment and communications upgrades that monitor and control speeds of trains and locations to prevent collisions and derailments.

Anyone who has suffered an injury in a train derailment will have a lot of questions about how to proceed in the legal sphere. Our team of railroad accident lawyers has handled many train derailment personal injury cases in the last 30 years. One of our lawyers wrote a leading treatise on railroad health and safety that sits in most major law libraries.

We also reached a $190,000 settlement in a case where our client was an employee in train transportation service, and the train derailed. Parts of his body hit the train, and he started to have headaches and tingling in his right arm after the accident. The case was tough to settle but with our tenacity and experience, we were successful.

We have written two excellent legal guides on railroad worker injury law that could be useful to you if you have a loved one who has been injured in a train accident. You can download these helpful railroad injury guides here.

 

Wrongful Death Lawsuit Against Union Pacific to Proceed

The Nebraska Supreme Court ruled this week that a wrongful death lawsuit should proceed in the case of a 13 year-old Schuyler NE boy who was killed by a passing train in 2005. The 3-2 decision overruled the decision made by Colfax County District Judge Mary Gilbride; she dismissed the lawsuit in favor of Union Pacific Railroad.

The case involves the death of Efrain Ramos-Domingo, who died on July 27, 2005. He was struck by a Union Pacific train as he and some friends rode their bikes over double tracks in Schuyler. The boy waited for the eastbound train to pass before he rode into the path of the westbound train on the next set of tracks.

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The wrongful death lawsuit alleges that the railroad was negligent because the noise of the first train at the crossing prevented the boy from hearing the next train.

Evidence in court showed that the westbound train that killed the boy was going 59 MPH, and hit the boy 7 seconds after the eastbound train had passed. This meant that the boy’s view of the second train was obstructed until three seconds before he was hit.

Evidence on the train’s black box recorder also showed that the horn on the train stopped sounding at least two seconds before the train entered the crossing area. Federal and company rules mandate that the train’s horn must sound for at least 15 seconds before entering the crossing and should continue as the engine passes through the crossing.

The Supreme Court found strong evidence that the railroad did not operate the crossing safely. One of the judges wrote that Union Pacific had a duty to sound the horn as the train approached the crossing. The failure to do so was strong evidence that Union Pacific was negligent, Judge John wrote.

We are very sorry to read about the needless death of this young man, but as Virginia railroad accident attorneys, we know how common railroad crossing accidents are. In many cases, injuries and deaths at these intersections could be prevented if the railroads were more diligent in honoring their obligations to the public.

For example, one of our partners once took a deposition from several railroad workers in a case where a man driving a truck was killed at a train crossing. Our investigation showed that there were no stop signs or railroad cross bucks at this crossing.  Also, the railroad employees stated that they did not know that they had a legal obligation to blow their train’s whistle at the crossing. How is it possible that a full time train engineer did not know this? Previous VA court decisions established that the railroad must sound its whistle at any railroad crossing, public or private. Yet the employees had no idea that they had this vital duty.

This shows that sometimes railroad workers are not properly trained to safeguard the public, and this can lead to deadly tragedies. Anyone whose loved one died at a railroad crossing should be aware that there are strict state and federal rules regarding the duties of the railroad that operates those tracks. Sometimes the railroad fails, and they should be held legally accountable.

 

Warren Buffett’s Railroad Helps to Delay Train Safety Measures

After an Amtrak train derailed last May in Philadelphia, which killed eight people and injured dozens, it appeared that the railroad industry’s efforts to delay the installation of safety technology on all passenger trains was at an end.

However, under pressure from Warren Buffett’s BNSF Railway Company, the US Congress passed another law that delayed the implementation of positive train control safety measures for at least 36 months.

This technology would automatically slow a train if it were going too fast, such as on a curve.

amtrak

Therefore, railroad companies can delay buying and installing safety equipment that likely could prevent accidents such as the derailment in Philadelphia.

The argument by Buffett’s company and other railroad industry advocates was this: If the positive train control technology mandate was not delayed, railroads would purposely slow how they do business due to liability concerns. Their rationale was that if a railroad missed the deadline to install new safety equipment, that company would face serious liability issues because they would be operating outside of law. So, the railroads would then decline to carry both passengers and commodities. They also would not deliver products that are classified as hazardous materials, including ones that are important to US commerce, such as ammonia and chlorine needed for water treatment plants.

BNSF spent almost $4 million to lobby Congress to slow down the safety equipment mandate.

Our railroad accident law firm is hardly surprised that railroad companies have teamed up to delay the implementation of vital safety technology that would save lives. One of our lawyers, Randy Appleton, recently wrote about how money spent to upgrade railroad safety systems is tiny compared to what a major train crash costs.

Appleton wrote that 20 year installation, testing and maintenance costs for positive train control could be as much as $24 billion. However, how much money does it cost when there is a major train derailment that kills and injures scores of people? How much emotional trauma, pain, disabilities, lost wages and loss of work is there when there is another crash?

Our firm’s position is that rail companies should install positive train control as soon as possible to reduce the chances of future accidents.

FRA Pushes for Fast Upgrades to Train Safety Systems

The head of the Federal Rail Administration (FRA) promised to be aggressive in urging railroad companies to install newly mandated safety systems as soon as possible, even though Congress moved the deadline back to 2018. 

The safety system is called Positive Train Control or PTC, and was supposed to be operating nationwide by the end of 2015. Its widespread use could prevent terrible derailments such as the Amtrak crash last May that killed eight people in Philadelphia. Railroads were behind schedule, so Congress decided to give them three more years to install PTC.

The FRA head, Sarah Feinberg, urged this week that railroads should not delay until the last possible moment to install PTC. She urged them to make it their goal to be first across the goal line. She added that the public deserves the added safety features as soon as possible.

The rail administration stated that it will have additional details on how it will approach the new PTC deadline in the coming weeks.

Train derailments are often completely avoidable tragedies that could have been prevented if the railroad had done proper maintenance on equipment and had followed all federal rules and regulations.

Our train accident legal firm worked on a derailment of an Amtrak train in 2000 in South Carolina where a street sweeper jumped a street curb and went up the CSX train tracks and damaged the tracks. An Amtrak train came along and hit the street sweeper, resulting in a derailment that injured passengers and employees.

amtrak

Our legal team went to work on this very complex derailment case. We studied the damage to the sweeper and we brought in an accident reconstruction engineer. We also did a land survey, took measurements and pictures of the accident scene and much more to build our case.

Our theory was that a lack of a full ballast section allowed the sweeper to hit the cross ties and metal rail of the train tracks. Eventually, we proved that the track damage that led to the derailment would not have occurred if the ballast section had not failed to meet the specifications of CSX.

This case went through two appeals, and eventually CSX and Amtrak paid to settle this very complex case. While the street sweeper did have some liability for the accident, poor safety and maintenance on the part of the railroad companies did contribute to the accident.

The rail administration stated that it will have additional details on how it will approach the new PTC deadline in the coming weeks. The railroads collectively advised Congress that they would have to “shut down” unless the deadline for positive train control was extended. While we find it hard to believe that this doomsday scenario would have ever occurred, the railroads convinced lawmakers that there was no feasible way to implement the law by the end of this year.
There are two sides to every story, but it seems like Congress and the federal Railroad administration should have required milestones or concrete steps that the railroads were required to meet by certain deadlines but it does not appear the new extension has required that. One thing is for sure: based on statistics alone there will be some avoidable railroad to derailments and collisions over the next several years that could have been prevented by the implementation of positive train brake control systems.

Needless to say, we strongly support all railroads installing vital safety equipment to prevent derailments – as soon as possible.