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HSInjury Blog 
Car & Motorcycle Accidents
- Distracted Driving on the Rise in West Virginia
- Recall Rears It's Head Again - Toyota Prius Brakes have Problem
- West Virginia Teens Try to Highlight Dangers of Distracted Driving
Crashes Caused by Trucks
- Trucking Associations Praise Gov. McDonnell for Re-Opening Rest Areas
- Training the Key to Preventing Fire Tanker Truck Rollovers
- Risks for Large Truck Accidents Rise After Sun Sets
Medical Malpractice/Doctor Mistakes
- Prescription Drug Dispensing Error Costs Rite Aid $2.5 Million
- Drill Bit Left in Patient's Sinus by Oral Surgeon Prompts Lawsuit
- Missed Heart Disease Diagnosis Led to Fatal Car Accident on Drive From Doctor's Office
Railroad Injury/FELA
- Amtrak Train Headed to Florida Partially Derails in Fairfax County, Virginia
- New FELA Claims Filed Against Norfolk Southern in West Virginia (WV)
- Federal Regulators Propose Putting Cameras in Locomotive Cabs
Brain Damage/Head Injuries
- Concussions: Know the Signs and Symptoms of These Common Brain Injuries
- NFL brings in outside specialists to consult on player concussions
- The Ramifications of a Closed Head Injury/Brain Damage
Wrongful Death
- Three People Killed, One Seriously Injured in Road Rage Car Crash
- At-Fault Driver of I-295 Car Wreck was Apparently Driving Drunk
- Wrong-Way Driver on I-295 Kills Norfolk Man
Slips, Trips & Falls
- Texting and Walking Could Lead to Injury from a Slip, Trip, or Fall
- Norfolk Waste Water Plant Worker Falls to His Death
- Wet Wal-Mart Floor Blamed for Nebraska (NE) Woman's Fatal Brain Injury
Mass Transit (Airline, Train, Bus)
- Commuter and Regional Airline Safety Found Lacking
- DC Metro Workers Killed in Third Fatal Accident Since June 2009
- Families of Two Teens Receive Settlement for Fatal Light Rail Accident
Dangerous Drugs/Product Recalls
- Seroquel Caused Diabetes, Claim More Than 25,000 Plaintiffs
- Study Reveals Avandia Increases Risk of Heart Attack
- False marketing prompts FDA to warn to drug manufacturers
All Serious Injuries
- Safety a Top Concern after Deadly Carolina Snow Storm
- Asleep At the Wheel: Drowsy Driving Increasing
- Newport News Police Officer Bitten, Injured by Pit Bull
General
Norfolk-Portsmouth Personal Injury Lawyer 
Virginia Beach Personal Injury Lawyer
Northeast NC Personal Injury Lawyer
Firm News
- Attorney Discusses Truck Accidents in Winter Snowstorms
Posted on 2/8/2010 - Partners Set to Present for Norfolk & Portsmouth Bar Assoc. Seminar
Posted on 2/8/2010 - Use of "safe-surgery checklist" could reduce medical mistakes
Posted on 2/4/2010 - Attorney Discusses the High Car Crash Rate in Hampton Roads
Posted on 2/4/2010 - Attorney Examines Increase in Wrong Way Car Wrecks in HOV Lanes
Posted on 2/3/2010
Library
Car & Motorcycle Accidents
- Medical Payments Coverage in Virginia: What Your Car Insurance Company Must Offer
- Winter Driving Conditions like Black Ice and Heavy Snow Can Be Challenging for Virginia (VA) Drivers.
- Pregnant drivers face unique injury risks while behind the wheel of a car. This page is focused on the issue of keeping both the soon-to-be-mother and unborn baby safe in a vehicle.
Crashes Caused by Trucks
- This page provides information about the complexity of trucking insurance and how it differs from regular car insurance. After you've had a chance to review this page, please take a look at our other articles, blogs, videos, and consumer guides on trucking topics.
- Here are some results from our truck accident cases. After you've taken a look, please give us a call at 1-800-752-0042 for a free case analysis.
- Car and Truck Accidents/Personal Injury Law in West Virginia (WV)
Medical Malpractice/Doctor Mistakes
- Here are some results from our medical malpractice and medical negligence cases. After you've reviewed them, give our firm a call at 1-800-752-0042.
- Medical Mistake in Rehabilitation Center Causes Death in Elderly Woman
- Why You Shouldn't Waive The Meningococcal Vaccine
Railroad Injury/FELA
- CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.
- Here are some results from our railroad injury and FELA cases. After you've reviewed them, give our firm a call at 1-800-752-0042 for a free case analysis.
- Work-related tasks can lead to repetitive stress and cumulative trauma injuries. If you've suffered either of these injuries, please consider giving our law firm a call for a free case analysis at 1-800-752-0042.
Brain Damage/Head Injuries
- Here are some of our results for traumatic brain injury and closed head injury cases. After you review them, give our firm a call at 1-800-752-0042 for a free case analysis.
- Frequently Asked Questions About Brain Damage, Brain Injury or Closed Head Injuries
- Head injury: forgotten trauma
Wrongful Death
- Alcohol and prescription medication can seriously impair a driver's cognitive ability potentially leading a serious car accident. To learn more, please continue reading...
- Internet and Social Networks Add New Tools for Attorneys to Strengthen Client’s Case in Court
- We've represented family members who lost a loved one in an accident. Below are some of the case results. After you review them, give me a call at 1-800-752-0042 for a free case analysis.
Slips, Trips & Falls
- Here are some results for our slip, trip, and fall cases. After you review them, give our firm a call at 1-800-752-0042 for a free case analysis.
- Richmond, Virginia (VA) Native Has Serious Injury to Knee After a Fall on Algae Covered Sidewalk
- Chronic Pain Caused by Fall in Atrium with Leak in Skylights
Mass Transit (Airline, Train, Bus)
- Some regional airlines have used car parts in their airplanes. These infractions are a major issue and completely unacceptable. To learn more, please continue reading...
- Virginia (VA) enters the modern era regarding boating licenses
- Boating accidents and injuries in Hampton Roads, Virginia (VA)
Dangerous Drugs/Product Recalls
- Dangerous Birth Control Medication and Their Terrible Side Effects
- Paxil is a Dangerous Drug and You Need to Know the Risks
- Avandia is a Dangerous Drug and You Need to Know the Side Effects
All Serious Injuries
- Researching whether an injury lawyer violated Virginia State Bar rules is important. You need an ethical and respected attorney. That's why you should call our office right away. Our firm enjoys a Martindale Hubbell rating of AV which means we have a reputation for the highest ethical standards and have over 100 years of combined legal experience.
- Suffered scarring or disfigurement from an accident? You've come to the right place. Our attorneys are here to help you. Check out our FREE consumer reports and view our video library.
- Many States Adopting Voluntary Mediation in Injury Cases
Testimony Excerpts from Personal Injury Cases
- Actual excerpts of testimony from personal injury cases in Virginia/Carolina and elsehwere are presented (Group 1)
- Testimony Excerpts-Orthopedic doctor/surgeon
- Testimony Excerpts-Materials Engineer-Norfolk Southern
Co-Counsel
Firm Newsletters
- Shapiro, Cooper, Lewis, and Appleton - Personal Injury Attorney's Spring 2009 Newsletter
- Shapiro, Cooper, Lewis, and Appleton Personal Injury Attorney's Summer 2009 Newsletter
- Shapiro, Cooper, Lewis, and Appleton Personal Injury Attorneys Fall 2009 Newsletter
All We Do is Injury Law
- Lawyers support diversity and equality...
- Shapiro, Cooper Lewis & Appleton Video
- One of our Attorneys Recognized by Virginia Lawyers Weekly
FREE Reports
- The Free Best Car Accident Guide To Injuries In Virginia
- TOP TEN TIPS FROM EXPERIENCED VIRGINIA/CAROLINA MEDICAL MALPRACTICE LAWYERS
- The Free Railroad Worker's Do's & Don'ts When Injured at a Railroad Booklet
Virginia Supreme Court Decisions
- Antisdel v. Ashby is a case focused on whether or not an administrator of an estate appointed solely for the purpose of bringing a wrongful death action under Code § 8.01-50 is able to assert survival claims on behalf of the estate. The Virginia Supreme Court affirmed the decision from the circuit court of Shenandoah County.
- Parikh v. Family Care Center is a medical malpractice case focused on whether or not it is legal for a non-professional corporation to enforce a covenant not to compete with a former employee, a licensed physician.
- Holmes v. Levine is a wrongful death case dealing with a medical malpractice claim against a radiologist. This decision focuses on whether or not the trial court erred by not allowing the jury to hear the plaintiff's requested jury instruction regarding proximate causation.
Directories
- This is a directory of orthopedic surgeons in Norfolk, Virginia (VA). We are not endorsing any of the surgeons in this directory. In addition, this is not a comprehensive list. If an orthopedic surgeon would like to be added, please contact our firm at 1-800-752-0042.
- This is a directory of orthopedic surgeons in Virginia Beach, Virginia (VA). We are not endorsing any of the surgeons in this directory. In addition, this is not a comprehensive list. If an orthopedic surgeon would like to be added, please contact our firm at 1-800-752-0042.
- This is a directory of orthopedic surgeons in Portsmouth, Virginia (VA). We are not endorsing any of the surgeons in this directory. In addition, this is not a comprehensive list. If an orthopedic surgeon would like to be added, please contact our firm at 1-800-752-0042.
Medical Legal Exhibits Used in Court
General
All Serious Injuries
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
How should you locate the best, top injury lawyer for your case?
Our Injury Lawyers Have Been Selected For Many Achievements Outlined Below:
Several Injury Attorneys With Our Firm have been Named As Virginia "Super Lawyers" For Personal Injury Law (Lewis, Shapiro - 2009 Ed.)(Less than 5% of Outstanding Lawyers are Chosen); also selected by the National Million Dollar Advocates Forum (Lewis, Shapiro - 2009); named among the Top 100 Lawyers in Virginia by ATLA (Shapiro - 2009), and our law firm was the first Injury Law Firm in Virginia Invited to Join Primerus, a select group of Highly Ethical, Respected Law Firms .
In October, 2000 our law firm and co-counsel obtained, what was then, the largest record verdict in Virginia's history for an injured person (46 Million Dollar Verdict, with Interest, 60 Million Dollars, Settled confidentially during appeal). Click on any icon for more details.
Geographical Areas:
Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.
As to Virginia (VA), this includes: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond (entire area), Petersburg, Roanoke/Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, all areas of the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague, and Wallops Island, Ashland, Big Stone Gap and any other city/ounty.
As to West Virginia (WV) personal injury claims: Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling, and any other town or county.
Injury Lawyers licensed in VA, WV, NC, SC, KY & Wash., DC.
Railroad Injury/FELA
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
How should you locate the best, top injury lawyer for your case?
Our Injury Lawyers Have Been Selected For Many Achievements Outlined Below:
Several Injury Attorneys With Our Firm have been included among the "Best Lawyers in America" 2010 Edition (Lewis-Injury Law, Shapiro-Railroad Injury Law) and been Named As Virginia "Super Lawyers" For Personal Injury Law (Lewis, Shapiro - 2009 Ed.)(Less than 5% of Outstanding Lawyers are Chosen); also selected by the National Million Dollar Advocates Forum (Lewis, Shapiro - 2009); named among the Top 100 Lawyers in Virginia by ATLA (Shapiro - 2009), and our law firm was the first Injury Law Firm in Virginia Invited to Join Primerus, a select group of Highly Ethical, Respected Law Firms .
In October, 2000 our law firm and co-counsel obtained, what was then, the largest record verdict in Virginia's history for an injured person (46 Million Dollar Verdict, with Interest, 60 Million Dollars, Settled confidentially during appeal). Click on icons for more details.
Geographical Areas:
Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.
As to Virginia (VA), this includes: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond (entire area), Petersburg, Roanoke/Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, all areas of the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague, and Wallops Island, Ashland, Big Stone Gap and any other city/ounty.
As to West Virginia (WV) personal injury claims: Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling, and any other town or county.
Injury Lawyers licensed in VA, WV, NC, SC, KY & Wash., DC.
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.
How should you locate the best, top injury lawyer for your case?
Our Injury Lawyers Have Been Selected For Many Achievements Outlined Below:
Several Injury Attorneys With Our Firm have been included among the "Best Lawyers in America" 2010 Edition (Lewis-Injury Law, Shapiro-Railroad Injury Law) and been Named As Virginia "Super Lawyers" For Personal Injury Law (Lewis, Shapiro - 2009 Ed.)(Less than 5% of Outstanding Lawyers are Chosen); also selected by the National Million Dollar Advocates Forum (Lewis, Shapiro - 2009); named among the Top 100 Lawyers in Virginia by ATLA (Shapiro - 2009), and our law firm was the first Injury Law Firm in Virginia Invited to Join Primerus, a select group of Highly Ethical, Respected Law Firms .
In October, 2000 our law firm and co-counsel obtained, what was then, the largest record verdict in Virginia's history for an injured person (46 Million Dollar Verdict, with Interest, 60 Million Dollars, Settled confidentially during appeal). Click on icons for more details.
Geographical Areas:
Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.
As to Virginia (VA), this includes: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond (entire area), Petersburg, Roanoke/Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, all areas of the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague, and Wallops Island, Ashland, Big Stone Gap and any other city/ounty.
As to West Virginia (WV) personal injury claims: Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling, and any other town or county.
Injury Lawyers licensed in VA, WV, NC, SC, KY & Wash., DC.
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
About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have handled hundreds of FELA (railroad worker injuries) and general railroad injury cases. Please take a moment to review our railroad injury case results and visit our Railroad Accident/FELA Lawyers Blog. Our primary office is in Virginia Beach, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness. We are ready to talk to you by right now and offer free initial confidential injury case consultations, so call us toll free at 1-800-752-0042.
Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition, named Virginia "Super Lawyers" For Personal Injury Law (2009, less than 5% of lawyers are chosen), and selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We would like to send you one of our FREE reports about railroad injury and FELA cases, including the Do's 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).
Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service.
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.About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have handled hundreds of FELA (railroad worker injuries) and general railroad injury cases. Please take a moment to review our railroad injury case results and visit our Railroad Accident/FELA Lawyers Blog. Our primary office is in Virginia Beach, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness. We are ready to talk to you by right now and offer free initial confidential injury case consultations, so call us toll free at 1-800-752-0042.
Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition, named Virginia "Super Lawyers" For Personal Injury Law (2009, less than 5% of lawyers are chosen), and selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We would like to send you one of our FREE reports about railroad injury and FELA cases, including the Do's 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).
Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service.
Norfolk-Portsmouth Personal Injury Lawyer
Driver Safety at Risk in Virginia From Proposals to Raise Speed Limits, Allow Radar Detectors
Date: 02/05/2010Virginia (VA) took a step toward making its roads less safe and more deadly on Feb. 2, 2010, when members of the state House and Senate voted to pass bills that would allow the Virginia Department of Transportation to increase the legal speed limit on many divided highways from 65 mph to 70 mph. Legislators seem poised to take another step toward turning Commonwealth's interstate highways into racetracks by lifting Virginia's 48-year-old ban on radar and laser detectors in cars and trucks and on motorcycles.
HB 674, the detector ban repeal bill, advanced out the House Committee on Transportation and to the full chamber on Feb. 4. The Virginian-Pilot reported that state police, insurance companies and sheriffs want the ban kept in place. The paper also noted that delegates are likely to send the repeal to the Senate.
I have written elsewhere about the dangers posed by increasing speed limits. Briefly, faster cars, trucks and motrcycles have worse accidents--drivers, passengers and pedestrians are all at greater risks for suffering major injuries or being killed when vehicles collide at higher speeds. Radar detectors exist solely to permit car, truck and motorcycle drivers to exceed posted speed limits. A tagline on this radar and laser detector product review Web site baldly states, "Don't Slow Down. You've Got Options." Maybe Virginia's new governor is hoping to make this a new state slogan!
Having practiced injury law for more than 20 years and having seen too often how decisions to not slow down and drive recklessly have resulted in horrific accidents, serious disabilities and deaths, it boggles my mind why Virginia lawmakers would go out their way to make it easier for drivers to speed. When I think about a new governor's first 30-day priority list, I have to wonder: Are making highway driving less safe by raising speed limits and allowing radar detectors issues Virginians considered important when casting their ballots last November? I think not. How about focusing on our economy, jobs and laws and regulations that make us safer?
I can only hope the delegates act in their constituents' best interest by keeping the radar and laser detector ban in place. I do not think interstate driver's are going to detour around Virginia on this issue, but I am wondering how this rose to the top of the Virginia governor's priority list.
About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.
EJL
Originally posted at InjuryBoard by Rick ShapiroVirginia Beach Personal Injury Lawyer
Electronic System Could be Source of Toyota Gas Pedal Problem
Date: 02/06/2010
The National Highway Traffic Safety Administration (NHTSA) is looking into the possibility that the root of the gas pedal problem in Toyota cars is in the electronic throttle control system (ETCS) which is found in many models.
Toyota recently claimed that it “rigorously tested” its ETCS under a variety of circumstances, including subjecting the ETCS to various forms of electromagnetic radiation while in use and the car manufacturer has been unable to find any problems, according to CNN.com.
Toyota’s proposed solution to the gas pedal problem is a steel rod that would reduce friction within the pedal system. However, this fix may not actually solve the problem. According to thetruthaboutcars.com , the fix “will profoundly reduce the likelihood or possibility of the pedal being stuck or slow to return. But the trade-off may not be immaterial. Undoubtedly, Toyota’s intended degree of friction will be compromised by this fix, to one degree or another. And drivers may find the fix unpleasant or uncomfortable, also to some degree or another. Clearly, this fix is a band aid to fix the intrinsic limitations of this design.”
If it’s discovered the actual problem is within the ETCS, Toyota may be forced to issue another major recall (their most recent recall involved over four million cars). Class action lawsuits have been filed against Toyota and one of the suits alleges that gas pedal problems were arising in 2002 and the ETCS is the culprit.
Here's a video discussing the suspicion of ETCS problems with the sudden acceleration issue...
http://www.youtube.com/watch?v=kJ847n_UsYc&feature=related
The NHTSA is considering issuing civil penalties against Toyota over their handling of the recall, according to the CNN article . Toyota initially claimed the problem was with their floor mats , then claimed it was due to the gas pedal being too long , and now they claim the steel rod fix will solve the problem. All the while, Toyota drivers were on the road at risk of a potential sudden acceleration which could lead to a major car wreck and serious injuries.
Transportation Secretary Ray LaHood recently stated Toyota drivers should stop driving their cars in the hopes of preventing a serious car accident , but then changed his statements and encouraged Toyota drivers to take their car to a dealership so they can get the steel rod “fix.”
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 at InjuryBoard by John Cooper
Northeast NC Personal Injury Lawyer
Children’s Motrin and Tylenol Recalled, Real Problem May Not Be Contaminated Wood Pallets
Date: 02/08/2010Two popular over-the-counter medicines for children – Motrin and Tylenol – were recalled due to numerous reports of an odd odor emanating from the drug’s container. The children’s Motrin and Tylenol are not the only drugs recalled. In fact, they’re part of a larger recall of over 60 million bottles.
The Tylenol and Motrin specifically recalled include:
· Children's Tylenol Bubblegum Meltaway
· Children's Tylenol Grape Meltaway
· Junior Strength Motrin IB Grape Chewable
· Junior Strength Motrin IB Caplet
· Junior Strength Motrin IB Orange Chewable
Drug company McNeill/Johnson & Johnson alleges the odor is caused by a chemical known as 2,4,6-tribromoanisole (TBA), which is used to treat the wooden pallets that store and move medicine bottles, according to babycenter.com. All shipments that use this chemical have been stopped and all suppliers are now required to stop using the pallets or provide certification that they do not contain TBA.
Here's a video discussing the Children's Motrin and Tylenol recall...
http://www.youtube.com/watch?v=2dwMOVE3xzY&feature=related
However, the suppliers contend that the wood packaging may not be the culprit of the odd odor. The wooden pallet industry, who recently released a letter to the drug manufacturer, insist McNeil show "definitive evidence that the source of the contamination was TBA. We also insist that you provide technical and scientific theory as to how this chemical could spread from a tertiary packaging component to a primary packaging component through various layers of cardboard and plastic packaging surrounding the primary product," said Bruce Scholnick, president of the National Wooden Pallet & Container Assocation, according to CNN.
We may just be scratching the surface of this issue. The FDA criticized McNeill/Johnson & Johnson for taking so long to issue the recall. Was their procrastination just a lack of realizing how serious this issue was or were they trying to formulate a strategy to shift the blame away from their product and to the shipping containers? No one can know for sure. Unfortunately, as these companies bicker over who is deemed responsible, innocent people are suffering side effects like nausea, stomach pains and diarrhea due to these dangerous drugs.
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 at InjuryBoard by Emily Mapp Brannon
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Car & Motorcycle Accidents
- Motorcycle Passengers Recover $1,512,000.00
- Rear Ender-Neck/Cervical Fusion Surgery, Lost Income and Earnings
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Awarded: $545,000.00
Awarded: $227,000
Crashes Caused by Trucks
- MACK truck-trailer-wreck/leg fractures
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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.
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Medical Malpractice/Doctor Mistakes
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Awarded: The case was settled before the trial for 1.25 million dollars.
Awarded: $700,000.00
Awarded: $550,000.00 settlement during mediation.
Awarded: $425,000
Railroad Injury/FELA
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Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
Brain Damage/Head Injuries
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- Brain Injury To Railroad Engineer Caused By Exploding Valve on Engine (verdict)
Awarded: $46,000,000, with Interest 60 Million
Awarded: $365,000.00
Wrongful Death
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Awarded: $2,400,000.00
Slips, Trips & Falls
- Fiberglass Ladder Defect-Knee Injury/surgery-Bauer brand
- Insurance Adjuster Recovers $150,000.00 for Injuries Sustained at Local Restaurant
- Skiing/Ski Lift Operator Negligence-Knee/Leg Injury
- Department Store Shelf Falls on Customer
- Trip & Fall, Foot/Leg Injuries at a Virginia Restaurant
Awarded: 150,000.00
Awarded: $120,000.00
Awarded: Confidential Settlement
All Serious Injuries
- Personal Injury/Partial Loss of Eyesight-Bar/Restaurant/Nightclub Lack of Security- $500,000.00 VA Settlement
- Pilot Suffers Electrical Shock Injury At Hotel Ending Commercial Pilot’s Career--Settlement Soon Before Federal Court Jury Trial
Awarded: $500,000
Awarded: 1.5 Million Settlement For Electrical Shock Injury to Hotel Guest/Pilot
Other
- Faulty Product - Fiberglass Stepladder Failure
- Skiing Accident
- Hotel Guest-Glass Coffee Carafe Shatters-Hand Injury
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.
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.
Awarded: Hand Injury Settlement/Glass Coffee Carafe Shatters-Hotel Guest
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Railroad Injury/FELA
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