Wednesday, 19 of June of 2013

Missouri Train Crash Collapses Highway Bridge, Seven Injured

By Richard N. Shapiro, Railroad Accident Attorney

Seven people were injured when two freight trains collided in Rockview, Missouri.  A highway overpass collapsed when some of the derailed cars slammed into the concrete pillars of the bridge.

According to news reports, a Union Pacific train, carrying primarily automobiles and auto parts, hit the side of a Burlington Northern Santa Fe train at a rail intersection. The BNSF train was carrying scrap metal. The derailed cars then hit columns supporting the Highway M overpass, which caused it to buckle and partially collapse.

Only two vehicles were on the overpass at the time, which typically has between 400 to 500 travelers per day. Two 40-foot sections of the overpass buckled, sending the cars onto the edges of the collapsed sections. A diesel fire also broke out in one of the locomotives after the collision, but was quickly extinguished. Five people in the vehicles were taken to Saint Francis Medical Center in Cape Girardeau, along with a Union Pacific train conductor and an engineer.

 

Aftermath of Missouri train crash.

 

Dozens of cars were derailed from the crash, causing the highway to be shut down for eight miles from Scott City to Chaffee. The overpass itself was only 15 years old and had been given a rating of “good” during an inspection in February. The Missouri Transportation Dept. estimates it will cost $3 million to replace the bridge.

The National Transportation Safety Board (NTSB) is conducting an investigation into the cause of the collision.

This train crash comes within weeks of two other serious incidents our railroad injury law firm has reported on. In Rosedale, M.D., a massive explosion occurred when a freight train derailed and caught on fire.  And in Connecticut, 72 people were injured when an Amtrak passenger train derailed.

Our Virginia railroad injury lawyers have represented many victims who have suffered severe injuries from railroad accidents, including one client we were able to secure a record-setting $60 million award for.  If you have been injured in a railroad incident, answers to FAQ’s can be found here.

 


New Jersey Railroad Worker Electrocuted While Inspecting Train

By Kevin Duffan, Railroad Accident Attorney

A worker at a New Jersey train depot was seriously burned over a large portion of his body late last month while carrying out his routine duties inspecting train cars.

According to emergency responders, the 49-year-old worker, who has not yet been identified, received third-degree burns over a substantial portion of his body. Police say that by the time emergency responders arrived his condition was so dire that he had to be flown by helicopter to a nearby hospital’s specialized burn unit.

The man was a longtime employee of SEPTA, the Southeastern Pennsylvania Transportation Authority. The accident took place at the West Trenton SEPTA station and happened while the railroad worker was inspecting the SEPTA cars as part of his normal duties. At the time of the electrocution he was standing on top of the trains.

Police say that another employee at the rail yard called authorities a little after midnight telling them a coworker was on top of the trains who had been seriously injured. When police arrived the worker was conscious but unable to move. Emergency responders had to wait before helping the man because overhead wires were fully electrified. The rescuers had to wait for the train operator to shut off power to the wires before they were able to lower the man off the train.

Everyone knows that working for a railroad can be dangerous business. The heavy equipment and toxic substances can all combine to create a hazardous work environment. However, that does not mean that employers and railroad operators like SEPTA are excused from providing a safe workplace for their employees. Federal law is clear that employees have a reasonable expectation that the equipment being used around them will be operated in a safe manner. Those injured in railroad accidents should consult with an experienced Virginia railroad injury lawyer who can help them assess their legal options.

The skilled attorneys at my firm have been involved in numerous cases in which we have represented workers or the families of workers who have been seriously injured or killed while on the job. In one case, my firm was able to secure a $465,000 jury verdict for a CSX railroad engineer who suffered a severe foot injury while on-the-job.

Those who have been seriously injured in on-the-job railroad accidents will likely have many questions about how to move forward. If you’ve been injured and have questions and concerns about what to do next, the following frequently asked questions contain some important basic information about railroad accident claims in Virginia (VA).

Here’s a Google Map showing the location of the railroad accident:


View Larger Map

CA


Landslide Kills One Norfolk Southern Worker In North Carolina

By Kevin DuffanNorth Carolina (NC) Railroad Injury Attorney

A tragic mudslide in North Carolina claimed the life of a Norfolk Southern worker last week in McDowell County. According to police reports, the accident started just after 2 a.m. on a Monday morning on tracks near Old Fort Mountain.

Two Norfolk Southern workers were dispatched on a hi-rail truck to investigate a portion of the track that had already been covered in a mudslide. The two men arrived at the scene of the mudslide just as a second slide occurred, completely burying one worker, Joseph Drewnoski. The other employee was inside the vehicle at the time of the accident and managed to get away unharmed.

The other employee was able to radio for help and emergency responders spent hours sifting through the wet mud searching for Drewnoski, only recovering his body after five hours of digging. Norfolk Southern has said that Drewnoski was an assistant foreman and that he had worked with the railroad company since 2005. The man was a father of three and leaves behind a devastated family.

Working for a railroad, whether as a conductor, engineer, welder or foreman, can be extremely dangerous. Despite this danger, federal safety regulations are clear that employers have a duty to take all possible precautions to ensure a safe workplace. Those who have been injured in a railroad accident should consult with an experienced Virginia railroad injury lawyer who can help them assess their legal options.

The skilled attorneys at my firm have been involved in numerous cases in which we have represented workers or the families of workers who have been seriously injured or killed while on the job. In one case, my firm was able to secure a $1.5 million verdict for a railroad repair worker whose leg was horribly crushed in an on-the-job accident. Though the money did not heal the man’s wounds, it did go a long way to providing for his family and compensating him for the massive medical bills his injury resulted in.

Those who have been seriously injured in workplace accidents will likely have many questions about how to move forward and put the pieces of their life back together. If you’ve been injured and have questions and concerns about what to do next, the following frequently asked questions contain some important basic information about railroad accident claims in Virginia (VA).

Here’s a Google Map showing the location of the deadly mudslide.


View Larger Map

CA


CSX Launches Investigation After Employee Injured In Charlotte, NC Train Crash

By Randy AppletonVA/NC Railroad Injury Attorney

CSX has announced that it will be conducting an investigation into a recent accident that took place outside of Charlotte, North Carolina and left one track maintenance employee injured.

A spokesperson for CSX says that a train carrying a load of lumber collided head-on with one of its own hi-rail pick-up trucks. The accident happened Monday a little after 1 p.m. about a half a mile from Belmeade Drive and Mt. Holly Road in northwest Charlotte. Though no one on board the train was injured, the worker operating the hi-rail truck did suffer injuries that required treatment at a local hospital.

The company says that crews took longer than normal to respond to the accident given the rocky terrain surrounding that portion of the train track. Safety crews attempted to use a 4X4 vehicle to reach the accident scene but, after that failed, they had to put the injured worker on a stretcher and walk him a half a mile down the tracks until they could put him in an emergency truck.

CSX says that it will be investigating what led to the head-on collision and what mistakes might have caused the hi-rail truck to be on the same track as the lumber-carrying train.

A high rail pick-up truck is a special kind of road-rail vehicle that is designed to operate on both train tracks and conventional roads. The truck in question was fitted with steel wheels in addition to normal rubber tires to allow it to maneuver down train tracks. CSX says that pick-up trucks like the one involved in the most recent accident are equipped to ride on railroad tracks and often used to conduct track inspections and maintenance.

Working for a railroad, as a conductor, engineer, welder or other transportation employee, can be an incredibly dangerous job. Federal law is clear that employees have a reasonable expectation that the equipment being used around them will be operated in a safe manner. Those injured in railroad accidents should consult with an experienced Virginia railroad injury lawyer who can help them assess their legal options.

The skilled attorneys at my firm have been involved in numerous cases in which we have represented workers or the families of workers who have been seriously injured or killed while on the job. In one case out of Tennessee, my firm was able to secure an $8.6 million jury verdict for the family of a CSX railroad worker who lost his life due to lung cancer (the verdict is currently on appeal in Tennessee). The worker had been exposed to hazardous chemicals, which resulted in lasting damage to the man’s health.

Those who have been seriously injured in workplace accidents will likely have many questions about how to move forward and put the pieces of their life back together. If you’ve been injured and have questions and concerns about what to do next, the following frequently asked questions contain some important basic information about railroad accident claims in Virginia.

Here’s a video where one of our attorneys discusses when to hire a railroad worker injury lawyer:

CA


Railroad Workers Hurt by Third Party Negligence Have FELA claims Against Employer

By Rick Shapiro, Railroad Worker Injury Attorney

Our firm represented a railroad engineer against CSX under the provisions of the Federal Employers Liability Act (FELA). This case is somewhat unique since the engineer’s injury did not occur at a rail yard. He was injured while being transported in a van that was secured by CSX.

This is the important takeaway of the case – the railroad is responsible for any independent contractors it hires that carry out “operational activities” of the railroad’s business.  This includes van transport, overnight lodging and some other operational activities.  Likewise, when CSX workers are injured on “third party” property doing their usual duties, CSX is responsible for any negligence of the other business or industry as well.

The engineer’s FELA claim against CSX resulted in a jury verdict in the amount of $465,000.  To learn more about the case result, check out our case result analysis page here.

 


Railroad Workers Injured In Chemical Explosion Caused By Train Derailment Sue CSX

By Richard ShapiroVirginia (VA) Railroad Injury Attorney

The Paducah & Louisville Railway and CSX are currently facing lawsuits from workers who were injured in a fire that occurred during the cleanup of a derailed train. Two workers, Leonardo Anthony Carrillo and Gregory Powers, who were part of the railroads’ cleanup crew have sued P&L and CSX, as well as several contractors, claiming that the railroad companies failed to properly monitor dangerous chemicals while they men worked at the railroad cleanup site in West Point, Kentucky.

The incident that led to the injuries began when an acetylene cutting torch that was being used in the derailment cleanup process ignited butadiene, a highly flammable industrial chemical, that had leaked at the site of the train crash. The combination of the torch and the butadiene led to an explosion and eventually a fire that injured several employees working in the cleanup crew.

The men argue that they were following direct instructions when using the cutting torch and that it was the job of supervisors and other railroad employees to monitor the derailment site for the presence of dangerous contaminants such as butadiene. The two injured railroad workers were simply relying on their superiors to do their jobs properly and ensure a safe workplace.

The fire was severe and the injuries suffered by the two men are long lasting. Neither has been able to return to work since the October explosion, both are at home recovering from their injuries. The two employees say they are still scheduled for surgeries to repair damage done to various body parts in the workplace accident, including shoulder repair surgery and hand and wrist operations.

The railroad injury case is not the only lawsuit to flow from the West Point, KY derailment. Residents in the area have also filed a class action suit against CSX and P&L Railway after tankers carrying hydrogen fluoride spilled in the crash. The Federal Railroad Administration says it is continuing to investigate the accident and what may have led the train and its tankers of dangerous chemicals to derail in the first place.

Working on such industrial cleanup sites can be a dangerous job. When heavy equipment and dangerous substances are around, injuries have a tendency to become very serious very fast. Though the accident remains under investigation, it’s critical that employers take this tragic incident as a reminder of how important it is to implement proper safety procedures on railroad work sites.

Employees have a reasonable expectation that the equipment being used around them will be operated in a safe manner and that others will have done the necessary work to ensure the jobsite is free of dangerous chemical compounds. Those injured in industrial accidents should consult with an experienced Virginia railroad injury lawyer who can help them assess their legal options.

The skilled attorneys at my firm have been involved in numerous cases in which we have represented workers or the families of workers who have been seriously injured or killed while on the job. In one case out of Tennessee, I was able to secure an $8.6 million jury verdict for the family of a CSX railroad worker who lost his life due to lung cancer. The worker, much like the ones working at this derailment site, was exposed to hazardous chemical such as diesel fumes and asbestos which resulted in lasting damage to the man’s health (the case verdict is currently on appeal in Tennessee).

Those who have been seriously injured in workplace accidents will likely have many questions about how to move forward and put the pieces of their life back together. If you’ve been injured and are wondering about workers’ compensationwrongful termination or what steps you should take after sustaining an injury, the following frequently asked questions contain some important basic information about railroad accident and injury claims in Virginia.

Here’s a Google Map showing the location of the October 2012 CSX train derailment:


View Larger Map

CA


Third Circuit Court of Appeals Denies CSX Preemption Argument

By Randy AppletonVirginia Railroad Accident Attorney

The Third Circuit Court of Appeals rejected an attempt by CSX to use the Federal Railroad Safety Act to preempt a state common law claim. To learn more, read the full story here…

Third Circuit Rejects Federal Railroad Safety Act Preemption

CA


18-Year-Old Struck and Killed by Train in Thomasville, NC

By Richard N. Shapiro, North Carolina Railroad Accident Lawyer

A deadly pedestrian train accident occurred on March 27, 2013 when an Amtrak train struck an 18-year-old in Thomasville, North Carolina (NC). To read the full story, follow the link to “18-Year-Old Struck and Killed by Train in Thomasville, NC”.

About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.


Accord Between OSHA and BNSF Railway Reached To Protect Injured Employees

By Rick Shapiro, Virginia (VA) Railroad Accident Attorney

OSHA announced that it had signed an accord with BNSF Railway Co. after it was found to have unfairly retaliated against workers who suffered on-the-job accidents. The agreement means the railroad company will change some of its personnel policies and settle 36 whistleblower complaints filed against it by injured workers. To learn more, read the full story here…

OSHA Extracts Important Agreement Out Of BNSF Railway For Retaliating Against Injured Workers

CA

About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.


Man Fatally Struck by Train in Montgomery County, Virginia

By Kevin Duffan, Virginia (VA) Railroad Accident Lawyer

Tragedy struck Montgomery County, Virginia (VA) on March 23, 2013 when a man was found dead on the tracks near Switchback Road. To read the full story, follow the link to “Man Fatally Struck by Train in Montgomery County, Virginia”.

About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.