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Railroad Injury/FELA

8/30/2010
Richard N. Shapiro
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Metrolink Offers $200 million to Victims of Deadly Southern California Train Disaster

Southern California's Metrolink commuter railroad system and Connex Railroad have joined forces to create a settlement fund, subject to court approval, for victims of the 2008 Chatsworth commuter train crash. If you have been injured in a railroad/train accident closer to Virginia (VA), DC, North Carolina (NC) or beyond, please contact our law firm toll free at 800-752-0042 so we can evaluate your case and determine if we can assist you.

Labels: 200 Attorney cap Chatsworth train crash Congress Connex DC Death injury lawsuit legislation Metrolink million NC railroad settlement texting train train collision VA Virginia Wreck

8/16/2010
Richard N. Shapiro
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Train Collision, Diesel Spill in CSX West Virginia (WV) Facility

A rail yard train wreck in West Virginia (WV) reaffirms the high-risk nature of working in the railroad industry. If you have been hurt in a train accident, please contact our law firm toll free at 800-752-0042 so we can evaluate your case and determine if we can assist you.

Labels: accidents at railroads Brooklyn WV diesel spill New Martinsville toxic chemicals train collision train wreck CSX

10/29/2009
Richard N. Shapiro
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Improving Rail Crossing Safety Requires Industry, public Perspectives

Nearly 3,300 Americans have died this decade when their cars or truck were struck by freight, passenger or commuter trains at highway-railroad crossings. Almost three times as many drivers have been injured in train collisions during that period, according to data compiled by the National Highway Transportation Safety Administration. Add in the 400-500 pedestrians killed each year while walking across or along train tracks, and the needs for upgrades to and constant reminders of the importance railroad crossing safety are undeniable.

The Arlington, Virginia (VA)-based nonprofit Operation Lifesaver exists to fulfill these needs from the railroad's perspective but not necessarily from the motor vehicle drivers' perspective.These two views are not necessarily the same. Vehicle safety advocates like the Angels On Track Foundation promote placing more active warning devices such as lights and gates at rail crossings to protect drivers. Traditional railroad crossbucks and pavement markings are passive devices that give no useful warning that a train is fast approaching a crossing and that drivers must stop or move off the tracks.

One thing industry and driver safety advocates agree on is that freight or passenger train traveling at highway speed cannot stop in a short distance. Almost no states require a driver to come to a a full stop when approaching a railroad crossing. So when a driver going 55 mph along a rural highway nears a track along which a train is also traveling at 55 mph, the driver has only a second or two to react and save his or her life. Also, if a motorist creeps over a railroad crossing--fully paying attention--exercising all the caution in the world may not help if a suddenly train rounds a curve on the track only a couple of hundreds yards away.

This is where motorist safety advocates and railroad side safety advocates disagree over what constitutes sufficient warning at rail crossings. No one wants to say relying on a horn blast is the most precise safety measure, and, certainly, a mere crossbuck on a pole gives no active warning of the approaching train. A sign gives no timely alert!

On Wednesday, Oct. 29, the organization sponsored a special rail trip for police, emergency responders and public safety personnel to demonstrate how accidents at rail crossing can occur and be prevented. While running along Norfolk Southern tracks between Norfolk and Petersburg, reported the Virginian-Pilot, video monitors on the train captured at least one car driving around lowered crossing gates as the train approached. No accidents occurred, but the potential obviously existed.

The driver committed an inexcusable violation. The only "excusable" reason for such an act would be if the lights or gates were known to be malfunctioning for days and had not been fixed by the railroad. Even then, though, the immense danger of an approaching train would still exist.

My colleagues and I have been blogging about rail crossing and workplace safety for years. Many of our Web posts have called attention to deficiencies in establishing and maintaining safe crossings. While rail operators can never automatically be assumed to be at fault when crossing accidents occur, railroads do have responsibilities for minimizing the risk of such accidents. That is, in most states, while In most states, motorists have duties to look and listen for an approaching train and not to proceed if there is evidence of any approaching train, railroads have a corresponding duty to provide reasonable warnings of trains approaching highway crossings.

Operation Lifesaver, which draws funding and support from the Railway Supply Institute, Amtrak and the Association of American Railroads among other industry groups and companies, is evidence that rail operators do acknowledge their responsibilities--even if they do not specify what those responsibilities are.

For one thing, railroads have been trying to save money by outsourcing railroad track and crossing maintenance.railroad industry lobbyists had pushed many states to pass laws to require the posting of only simple stop signs at virtually every railroad crossing that did not already have lights and gates. The railroads even funded a special safety study to try to prove the safety of this measure.

Oops! The well-researched study reported by Richard Raub in the respected ITE Journal in April 2006 instead proved that more railroad crossing accidents occurred at railroad crossings with stop signs than occurred at crossings without stop signs. The reasons were not clear, but, essentially, it appeared that because of the slow speed at which all cars crossed the crossings after a full stop, the "window of danger" time on the crossings actually was greater. Statistically, this may have led to more accidents. The railroads quietly ignored the study and not a mention of it has occurred since. Except in my blog posts and those of other advocates of increased active warning devices.

My take: Railroad safety awareness is important; however, the most fail-safe improvements at railroad crossing are methods that provide a visual cues (active warnings) to an approaching driver. Clearly, lights and gates, and even new and future applications of GPS between the train engine and the light or gate at a crossing, can improve crossing safety. Much work remains to be done.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, including The Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

10/27/2009
Richard N. Shapiro
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What Price Is Too Much to Pay for Railroad Safety?

My colleague Randy Appleton raises the question in the title above in his latest post to the Norfolk Injuryboard. Randy points to growing opposition among passanger, freight and commuter rail operators to coming federal rules that the companies install automatic braking systems on their tracks. Installing and maintaining positive train control systems may cost tens of billions of dollars over the next 20 years. But, as Randy asks, "What price could be placed on the lives the safety systems will undoubtedly save?" I agree with Randy that railroads need to be made as safe as current technology allows.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, including The Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

6/23/2009
Richard N. Shapiro
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Potential Causes of DC Metro Crash Arising-Signals and Operator Combined?

Signal Malfunction Combined With D.C. Metro Train Operator Errors? Clues Arising..

I wrote last night about potential causes of the 7 deaths and 60 injuries in the DC Metro train crash of June 22, 2009, the deadliest in Metro history. The United Transportation Union (UTU), one of the main national unions of railroad conductors, released a DC Metro train crash news flash which states in part:

Metro was designed with a fail-safe computerized signal system that is supposed to prevent trains from colliding. The agency's trains are run by onboard computers that control speed and braking.

Another electronic system detects the position of trains to maintain a safe distance between them. If they get too close, the computers automatically apply the brakes, stopping the trains.

These systems were supposed to make yesterday's crash impossible.

But four years ago, in an episode eerily similar to yesterday's, the signal system briefly failed in the tunnel between Foggy Bottom and Rosslyn, forcing two quick-thinking operators to stop their trains manually to avoid a crash.

In the June 2005 incident, the operator of one train noticed that he was getting too close to the train ahead. The signal system was telling him the track was clear, but he hit the brake. The operator of a third train on the line hit the emergency brake on time, too.

In yesterday's crash, it appeared the operator of the train that crashed did not apply the emergency brake, also known as the "mushroom."

There was no reason to think the operator did not spot the train ahead of her yesterday. The weather was clear, and the trains were not in a tunnel.

With a staggering number of injured passengers, its a certainty that they will want to know who is responsible for causing their horrible injuries, and many will have permanent effects. This type of crash requires not only a mechanical failure, but combined failure of an operator to keep a proper lookout. Its a wreck that should have been prevented by electronic controls, as well as human factors/proper lookout.
Our hearts go out to the victims and their families.

Either the NTSB or Federal Railroad Administration will have preliminary reports in the near future.

For prior articles on this and related topics:
Metro Railroad Trains Collide Outside Washington, D.C.--At Least Six Dead, 60 Injured
At least 6 Dead, 60 or More Injured in Washington, DC Area Metro Train Crash
Metro Trains Collide Outside of Washington, D.C. During Rush Hour Traffic
Washington, DC Train/Rail Disaster Kills At Least Seven & Injures More. What Does It Mean For Austin?
Washington, D.C. Nightmare As Metro Trains Collide-- As Many As 7 Dead and Over 70 Injured
Death on Rails

Labels: accidents at railroad dc metro train crash dc metro train crash lawyer DC subway injury lawyers DC train injury lawyers experienced train crash lawyers in dc lawyers suing dc metro MD railroad injury attorneys metro crash in dc lawyers railroad injury lawyers for metro crash top train wreck attorneys train collision train wreck VA railroad injury lawyers

12/18/2008
James Lewis
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Two Canadian-Pacific Trains Collide in SE Minnesota

According to an article in the Minneapolis StarTribune, two freight trains collided near the Interstate 90 exit, north of Lock and Dam No. 7 in Dresbach, Minnesota (MN). Approximately 40 cars were involved, spilling liquid nitrogen, and sending one locomotive into the Mississippi River.

Labels: Canadian-Pacific derail injury hurt on the job railroad injury attorneys job injury railroad lawyers handling railroad cases railroad claim railroad injury railroad injury attorney train collision train wreck

All Serious Injuries

8/29/2009
John Cooper
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Amusement Park Dangers Spotlighted by Accidents at Disney World, Magic Kingdom

Three Disney workers have died this summer after being involved in accidents at the company's parks in Florida (FL) and California (CA). The latest tragedy occurred August 18, when stunt player Anislav Varbanov suffered a fatal head injury while rehearsing for the Indiana Jones Epic Stunt Spectacular at Walt Disney World in Orlando.

Earlier, pirate re-enactor Mark Priest passed away after breaking his neck during a performance of Captain Jack Sparrow's Pirate Tutorial at Disney's Magic Kingdom in Anaheim, and monorail operator Austin Wuennenber died when his train collided with another at the Magic Kingdom.

The U.S. Occupational Safety and Health Administration has opened investigations into each of the fatal accidents, and the National Transportation Safety Board is looking into the monorail crash. According to the Orlando Sentinel, Disney theme park incidents are the subject of 17 ongoing OSHA investigations.

Whatever investigators turn up, the reality that amusement park workers face many dangers, ranging from slips and falls to vehicle crashes, is undeniable. And, as a 2005 report from the federal Consumer Product Safety Commission indicates, 67 visitors to theme parks, water parks, carnivals and other places where thrill rides and entertainment are offered were killed in accidents between 1987 and 2004.

Fortunately, serious accidents at Busch Gardens Williamsburg or Kings Dominion outside of Richmond have occurred rarely. Smaller attractions have a more spotty safety record in Virginia, however. And it is certainly true that there are no small tragedies to the people who suffer them.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.

EJL

Norfolk-Portsmouth-Hampton VA Personal Injury Lawyer

7 new influenza vaccines for next flu season

Date: 08/13/2010

After the big H1N1 virus that caused the 2009 pandemic, the US Food and Drug Administration approved seven influenza vaccines for this next flu season, 2010-2011.

What is the Flu?

A flu is a respiratory illness which is caused by influenza viruses. It is contagious and the best way to prevent the flu is to receive the flu vaccine each year.

These newly approved vaccines protect against three strains of influenza, including H1N1, according to Medical News Today. Last year, there were two vaccines needed in order to protect against the 2009 H1N1 flu. According to FDA, only one vaccine is required this year.

Director of FDA's Center for Biologics Evaluation and Research, Karen Midthun, M.D., said, "The best way to protect yourself and your family against influenza is to get vaccinated every year. The availability of a new seasonal influenza vaccine each year is an important tool in the prevention of influenza relate illnesses and death."

Here is a list of the new vaccines that have been approved (Brand Names & Manufacturers):

1) Afluria (CSL Limited)

2) Agriflu (Novartis Vaccines and Diagnostics)

3) Fluzone and Fluzone High-Dose (Sanofi Pasteur Inc.)

4) Fluvirin (Novartis Vaccines and Diagnostics Limited)

5) Flarix (GlaxoSmithKline Biologicals)

6) FluMist (Medlmmune Vaccines Inc.)

7) FluLaval (GlaxoSmith Kline Biolgicals)

How do they figure out these vaccines that FDA recommends?

Experts from FDA, World Health Organization, CDC and possibly other institutions examine and study virus samples collected worldwide. They examine them to find strains likely to cause the most illness during the next season. Then with the strains and vaccines, the closer the match, the more protection against influenza disease.

With all this research, the FDA did approve of seven new vaccines for this season.

The Flu spreads. It can spread very easily by people coughing, sneezing or simply talking.

So who is actually at risk of getting the flu?

According to CDC, there are certain people who are at greater risk for complications if they get the flu. In this group are older people, young children, pregnant woman and people with certain health conditions.

A study completed in 1990 found that flu-related deaths estimated 17,000 during the mildest season to 52,000 during the severe season. According to the CDC, 90 percent of deaths during a regular flu season occur in people who are 65 years old or older.

The 2009 H1N1 virus caused the first flu pandemic in over 40 years. There were around 12,000 or more flu-related deaths.

The important thing here is to be preventative, especially with parents and their children. CDC says, "the single best way to prevent the flue is to get a flu vaccine each season." Now, FDA has approved several new vaccines. They should become available in September and continue throughout flue season, which in some cases can last as late as May.

Originally posted

InjuryBoard

Emily Mapp Brannon

Virginia Beach-Chesapeake-Suffolk VA Personal Injury Lawyer

Virginia Seat Belt Law Loophole Allows Back Seat Passengers to Ride Unbuckled

Date: 08/20/2010

Most of us are aware of seat belt laws and the importance of buckling up when you get into the car. However, you may not know that numerous states have a loophole which allows adult back seat occupants to ride without their seat belt on. Virginia (VA) is one of those states.

Laws are on the books in VA requiring minors to wear their seat belts while riding in the back, but not for adults. This is extremely dangerous since an unbuckled adult in the back seat can become a “back seat bullet” in a car accident, according to USA Today.

There seems to be this false belief that if you are in the back seat, you are somehow safer than the people in the front. This is not the case. In a car crash, a back seat passenger not wearing a seat belt will continue to move at the same rate of speed as your car until they hit something like the dashboard, back of your sea, or windshield.

Six states took the step of expanding their seat belt laws in 2007 but Virginia (VA) remains one of the over 20 states across the country that still allows adult back seat passengers to ride without a seat belt. This needs to be corrected as soon as possible.

Seat belts reportedly save 11,000 lives every year, according to the National Highway Traffic Safety Administration. Car accidents are the leading cause of death for people under the age of 35. It makes no sense to keep the current laws on the books enabling adults to ride in the back unbuckled. Let us hope our legislators take action and correct there glaring loophole in our seat belt laws.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted

InjuryBoard

Emily Mapp Brannon

Greenville-Outer Banks-Rocky Mount NC Personal Injury Lawyer

Heavy Rains in North Carolina Cause Serious Car Wrecks

Date: 08/16/2010

When the skies open up a dump a ton of rain on our roadways, caution is the name of the game. Unfortunately, not all drivers adhere to this principle which leads to some bad car wrecks. A major rainstorm in North Carolina (NC) led to two car wrecks that resulted in serious injuries and loss of life.

A car was driving down N.C. 43 when it hydroplaned, crossed the center line, and wound up getting hit by a dump truck. As a result, two people were killed and a young child was injured, according to enctoday.com.

On the same day, another car hydroplaned at the intersection of U.S. 17 and Weyerhaeuser Road leading to eight injuries including injuries to three toddlers and two teenagers.

Hydroplaning is a common cause of car wrecks and can cause serious damage to your vehicle and the people inside. It occurs when a layer of water builds up between the tires of your car, truck, SUV, or motorcycle and the road surface. This leads to the loss of traction and puts the vehicle into a virtually uncontrollable slide.

In order to reduce the risk of hydroplaning, go below the speed limit when it has just rained heavily or if you are on the road when it is raining. Also, be extremely cognizant of the other vehicles on the road since not everyone obeys the speed limit, even in bad weather.

Both of the car accidents that occurred in N.C. were awful and they serve as an example of just how dangerous the roads can be after a bad storm.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (NC-VA law offices ) edits the injury law blogs Northeast North Carolina Injuryboard, Virginia Beach Injuryboard, and Norfolk Injuryboard as a pro bono service to consumers.

Originally posted

InjuryBoard

Emily Mapp Brannon

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Case Results

DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.

Car & Motorcycle Accidents

Motorcycle Passengers Recover $1,512,000.00

Awarded: $1,512,000.00

Rear Ender-Neck/Cervical Fusion Surgery, Lost Income and Earnings
Pedestrians Struck by Automobile Recover $540,000.00

Awarded: $545,000.00

Car Accident-minivan-knee surgery
Crosswalk Accident With Broken Leg Settles For $227,000.00

Awarded: $227,000

Crashes Caused by Trucks

MACK truck-trailer-wreck/leg fractures
Truck-Train crossing collision-back injuries
Automobile Accident Causing Coma and Paralysis

Awarded: Counsel settled with the motorist's insurer, and then with two additional underinsurance carriers for a total settlement of $600,000 which constituted all available insurance.

Collision Between Two Big Rigs Creates Fireball

Awarded: Case settled at mediation for $450,000.00, from the parked truck’s insurance, plus additional monies and concessions from the client’s workers’ compensation insurer

Virginia Automobile Accident

Awarded: The case was settled for $350,000.00 without the necessity of a trial.

Medical Malpractice/Doctor Mistakes

Retained Surgical Sponge and Subsequent Complications

Awarded: $425,000.00 Settlement

Failed Back Surgery

Awarded: The case was settled before the trial for 1.25 million dollars.

Failure to Diagnose/ER Doctor/vascular incident (aortic aneurysim)

Awarded: $700,000.00

Gastric Bypass (stomach stapling) Surgery complications

Awarded: $550,000.00 settlement during mediation.

Gallbladder Surgery Error

Awarded: $425,000

Railroad Injury/FELA

Shoulder Injury requiring surgery for Locomotive Engineer

Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.

Locomotive Engineer with Shoulder and Knee Injuries

Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.

Railroad Conductor gets back injury due to fall in ballast depression

Awarded: The case was settled for $900,000

Railroad conductor/back injury-surgery/Safety Appliance act Violations
Railroad Engine Battery Explosion/Fumes - Breathing/Chemical Injuries

Awarded: Confidential

Brain Damage/Head Injuries

Gas Station Worker Pinned In building-train derailment, brain injury

Awarded: $46,000,000, with Interest 60 Million

Brain Injury To Railroad Engineer Caused By Exploding Valve on Engine (verdict)

Awarded: $365,000.00

Wrongful Death

Wrongful Death-Car Struck By Tractor Trailer

Awarded: $2,400,000.00

Car Accident-Death of Minor/Child-Wrongful Death Settlement
Wrongful Death settlements-Asbestos/Mesothelioma Cases

Slips, Trips & Falls

Fiberglass Ladder Defect-Knee Injury/surgery-Bauer brand
Insurance Adjuster Recovers $150,000.00 for Injuries Sustained at Local Restaurant

Awarded: 150,000.00

Skiing/Ski Lift Operator Negligence-Knee/Leg Injury
Department Store Shelf Falls on Customer

Awarded: $120,000.00

Trip & Fall, Foot/Leg Injuries at a Virginia Restaurant

Awarded: Confidential Settlement

All Serious Injuries

Personal Injury/Partial Loss of Eyesight-Bar/Restaurant/Nightclub Lack of Security- $500,000.00 VA Settlement

Awarded: $500,000

Factory worker thumb amputation/finger & hand injuries - defect prod.

Awarded: $750,000.00

Pilot Suffers Electrical Shock Injury At Hotel Ending Commercial Pilot’s Career--Settlement Soon Before Federal Court Jury Trial

Awarded: 1.5 Million Settlement For Electrical Shock Injury to Hotel Guest/Pilot

Other

Faulty Product - Fiberglass Stepladder Failure

Awarded: Ultimately, the parties all submitted to mediation carried out by a retired judge. The case was resolved for $375,000.00, with part paid by both Bauer and AT&T.

Skiing Accident

Awarded: The case was tried and the jury returned a verdict for $150,000.00, plus interest and costs. No settlement offer was ever made before the verdict.

Hotel Guest-Glass Coffee Carafe Shatters-Hand Injury

Awarded: Hand Injury Settlement/Glass Coffee Carafe Shatters-Hotel Guest

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News

Posted on 8/27/2010Defensive Medicine, Fact or Fiction?
Posted on 8/23/2010Airplane Accident Leads to Brain Injury
Posted on 8/20/2010Seat Belt Law Loophole Puts Back Seat Riders in Serious Risk of Injury
Posted on 8/18/2010Couples Sues Charleston Hospital For Infected Camping Injury
Posted on 8/18/2010New Study: When Doctors Admit to Mistakes, Malpractice Claims Decrease
Posted on 8/17/2010West Virginia Woman Joins Dozens In Filing Bard Avaulta Lawsuit

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