By Rick Shapiro, Railroad Crossing Train Crash Attorney

An Amtrak engineer and conductor, a tractor-trailer driver and seven train passengers suffered injuries requiring hospital treatment when their train and truck collided in Michigan (MI) on February 1, 2012. According to the Detroit News, the passenger train making its way from Detroit to Chicago was traveling at 79 mph when it struck the semi that was stuck on the rails. An Amtrak spokesperson told the newspaper the gates and other warning systems along the Norfolk Southern-owned tracks were functioning at the tie of the wreck.

None of the reported injuries were life-threatening. Two of the Amtrak rail cars derailed and significant damage was done to nearby structures.

View more videos at: http://nbcchicago.com.

This collision at an at-grade rail crossing in Leoni Township came as news circulated that the passenger railroad and other rail companies are fighting federal rules requiring the installation of crash-avoidance technology known as positive train control. PTC allows dispatchers and route managers with emergency information about track and weather condition to remotely slow or stop trains before accidents occur.

My Virginia personal injury lawyer colleagues and I have urged railroads to adhere to existing Federal Railroad Administration mandates for deploying PTC technology on all trains and tracks by 2015, but legislation pending in the U.S. Congress would push that deadline back to 2020 — just in time for the billion-dollar corporations to seek another extension.

Amtrak, BNSF, CSX, NS and other rail companies claim installing PTC would be too expensive. These same corporations are expected to spend an estimated $13 billion on adding and upgrading tracks, rail yards and rolling stock during 2012. Those expenditures appear to be almost entirely aimed at increasing the railroads’ ever-growing record profits rather than increasing safety for rail employees and passengers.

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. 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 moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Rick Shapiro, Carolina Railroad Accident Attorney

Pointing to five major rear-end collisions involving freight trains during 2011, the National Transportation Safety Board has published two related safety recommendations regarding the importance of lowering speeds and increasing distances between trains sharing tracks and moving in the same direction. According to an agency press release, safety requirements for a following train include “being prepared to stop within one-half the range of vision.” The NTSB also stressed that “complete understanding of and strict compliance with restricted speed requirements are absolutely mandatory to prevent catastrophic train collisions.”

The following wrecks, which left numerous railroad employees injured and killed, raised NTSB’s concerns:

• Red Oak, Iowa (IA), April 17, 2011, BNSF
• Low Moor, Virginia (VA), May 21, 2011, CSX
• Mineral Springs, North Carolina (NC), May 24, 2011, CSX
• DeWitt, New York (NY), July 6, 2011, CSX
• DeKalb, Indiana (IN), August 19, 2011, Norfolk Southern

This memorial video shows the aftermath of the CSX rear-end crash in Mineral Springs in which an engineer ad a conductor on one train lost their lives and the two crew members on the other train suffered injuries requiring hospital treatment:

Recognizing that employers have as great a responsibility as rail workers for ensuring that safe track speeds and train following distances are posted, communicated and adhered to, the NTSB is asking the Association of American Railroads and the American Short Line and Regional Railroad Association to emphasize these safety messages. On the employee side, the Brotherhood of Locomotive Engineers and Trainmen and the United Transportation Union have also been contacted to spread the word about the importance of observing speed limits when sharing tracks.

As a Virginia-based railroad accident and FELA lawyer, I have seen firsthand the serious injuries that can result when trains collide or must stop suddenly and unexpectedly even at very low speeds. In light of the growing number of rear-end crashes attributable, at least in part, to excess speed and following too closely, I encourage railroads and rail employees to work together to make sure speed and distance rules are clarified and followed.

EJL

About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. 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 moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Rick Shapiro, FELA Attorney for Injured Rail Employees

An inexplicable crash involving three CSX freight trains in Indiana on Friday, January 7, 2011, sent two railroad workers to the hospital with injuries and caused a fire fueled by ethanol, diesel fuel and other chemicals. No one living or driving in the area surrounding the wreck and derailment reported injuries, but homes were briefly evacuated over concerns that fumes from the burning toxic substances could harm people.

In all, six crew members — engineers and conductors — were aboard the trains that collided in Porter County, northeast of Valparaiso, IN. News reports stated that four of the rail workers had no injuries, but also described the accident in terms like, “A CSX train that had been pulling mostly empty tankers of ethanol stopped on the tracks and was rear-ended by a second train … . A third train on parallel tracks then came up and struck the derailed cars.”

As a FELA attorney based in Virginia (VA) who has represented railroad workers injured in on-the-job accidents involving Amtrak, CSX and Norfolk Southern trains, rails and rail yards, I find it a little difficult to believe that only two people got hurt in the wreck and fire. Mostly, though, I’m confused about how the accident could have occurred at all.

It is not unusual for trains to share tracks or pass on parallel rail. It is also not unusual for freight lines to use one- or two-man crews and schedule departure and arrival times close together. It’s not even uncommon for a train to come to an unscheduled and unexpected stop in front of approaching trains.

What should never happen is that a rear-end collision, rail car derailment and debris-caused crash all occur because of tight scheduling, parallel routes and sudden stops. Rail companies such as Amtrak, CSX and NS must equip crews with communications equipment and training that ensures everyone aboard a train in danger of being in an accident with another train can keep informed of relative positions, hazards and unforeseen developments. My law firm has even successfully argued that one of our railroad employee clients suffered injuries in a head-on train wreck  because a dispatcher failed to follow proper procedures and regulations regarding radio communications.

Investigators from the National Transportation Safety Board have begun looking into whether a communications breakdown caused by malfunctioning or missing equipment or improper training caused the crash in Indiana. If such findings are made, CSX could be found to be in violation of the Safety Appliance Act and related radio regulations. That would make the rail company liable for compensating the injured workers.

EJL

About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. 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 moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Rick Shapiro, Injured Rail Employee Attorney

For the fourth time since 2009, Western states freight railroad giant Union Pacific has been sanctioned by federal authorities for illegally firing an injured rail employee after the worker reported an on-the-job injury. The Occupational Safety and Health Administration issued its latest whistleblower ruling against UP on December 20, 2011, writing in a press release that the rail corporation must immediately rehire the Idaho (ID)-based worker and pay the man $300,000 in compensation, back wages and punitive damages.

Assistant Secretary of Labor for OSHA Dr. David Michaels said that for all railroads, “this case sends a clear message that OSHA will not tolerate retaliation against workers for reporting a work-related injury. … The safety of all workers is endangered when employers intimidate injured workers so that they do not report injuries.”

How soon the rail worker can return to his job and collect his whistleblower judgment remains unclear. Union Pacific pledged to appeal OSHA’s decision, claiming that separate investigations into how and why it fired the injured employee less than a month after he reported his injury found no wrongdoing by the company.

As a Virginia (VA) railroad accident and FELA attorney who has helped dozens of railroaders receive compensation for injuries they suffered while working, I have no problem with UP exercising its right to appeal. I also strongly suspect that the rail corporation will lose. Courts and regulators have long — and invaluable to rail employees — histories of upholding strict liability provision of laws such as the Federal Employers’ Liability Act and whistleblower protections under the Federal Railroad Safety Act.

To summarize how federal labor laws work to protect railroad employees for Amtrak, BNSF, CSX, Norfolk Southern and every other rail corporation as simply as possible: Rail companies must provide safe workplaces, properly working equipment and adequate training. When preventable accidents occur and on-the-job injuries result, railroads cannot deny injured workers’ their rights to report the incidents, receive fair compensation or keep their jobs after drawing attention to unsafe conditions.

EJL

About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. 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 moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Rick Shapiro, Carolina Railroad Crossing Accident Victim’s Attorney

In his latest blog post to our Carolina personal injury attorneys’ website, my colleague Randy Appleton expresses concern that deaths at U.S. railroad crossings and on passenger and freight trains increased during 2010. Randy urges “every company, government official, driver and pedestrian … to do everything they can to decrease the possibility of collisions at crossings and on tracks.” To read more, click over to “Railroad Crossing, Train Accidents Take More Lives in 2010.”

EJL

About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. 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 moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Randy Appleton, Railroad Crossing Injury Victim’s Attorney

In his latest blog post to our firms Carolina personal injury attorneys’ website, my colleague Rick Shapiro reports on a railroad crossing accident in which an elderly couple suffered serious injuries when their pickup truck struck an RJ Corman freight train in Kentucky (KY). The crossing on tracks owned by CSX has no gates, and signal lights were not working at 2 am, when the wreck occurred. To read more about this case and Rick’s thoughts on why railroads have to improve grade crossing safety, click over to “Elderly Couple Seriously Injured in Collision With Stopped Train at Unmarked Crossing in Versailles, KY.”

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. 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 moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Rick Shapiro, Railroad Crossing Accident Victims’ Attorney

Even as the New Jersey Safety at Railroad Crossings Leadership Oversight Committee was holding its first-ever meeting on November 9, 2011, a pedestrian in Hamilton, NJ, became the 20th person in the Garden State to lose his life this year by being struck by a passenger train at a grade crossing. During 2010, New Jersey Transit, Amtrak and a few freight trains struck and killed 28 people in the state. In nearly every case, the pedestrian had intentionally or accidentally walked in the path of the train, often by ignoring lowered crossing gates or trespassing on railroad trestles.

Wasting no time, committee members representing state and federal agencies such as the New Jersey State Police, NJ Department of Education, National Highway Transportation Safety Administration and Federal Railroad Administration issued a preliminary plan to reverse the trend toward growing numbers of pedestrians dying while crossing tracks. The three-pronged approach calls for educating students of all ages about grade crossing safety, stepping up enforcement of anti-trespassing laws and making it more difficult for people to get onto tracks and rail beds by repairing and erecting fences and crossing gates.

Most importantly, the committee is reaching out to rail workers such as engineers, trackmen and rail yard employees to identify patterns in trespassing activities, increase reporting of trespassing incidents and develop strategies for preventing trespassing. Involving rail employees in the effort to lower pedestrian fatalities is essential both because railroaders have invaluable knowledge on the subject and because being involved in a crossing accident in which a pedestrian dies often has a shattering effect on the train’s crew.

This report on a grade crossing accident in which a car’s driver was killed describes the terrible mental toll fatal crashes take on locomotive engineers and other train crew members:

As a railroad accident injury and wrongful death attorney practicing in Virginia (VA), I work at a law firm whose clients have included both railroad employees and members of the public who have been involved in grade crossing accidents. I know firsthand that only bad things happen when trains collide with vehicles or pedestrians, and I hope the effort to prevent such tragedies in New Jersey succeeds.

Trains cannot stop on a dime, or even on a 70-story bank headquarters building. Approaching a crossing, bridge or stretch of track with a pedestrian in the way leaves rank-and-file conductors and engineers no real option for avoiding the crash that will likely kill the person on foot.  Railroads and track owners need to make sure gates, lights and warning signs are adequate and working properly. At the same time, transportation crews and those involved in train operations have a vital role to play in making crossings safer for themselves, for drivers and for pedestrians by sharing their knowledge about crossing hazards and how to mitigate them.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases. Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Kevin Duffan, Virginia Rail Accident Attorney

Permanent injuries change people’s lives. Choosing the best Virginia (VA) personal injury attorney to handle one’s case is one of the most important steps an injury victim can take. I’m proud to announce that one of our best Virginia attorneys, Richard N. Shapiro, has been recognized as a Top 100 Trial Lawyer for Virginia by the American Trial Lawyers Association.

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About the Editors: Shapiro, Cooper, Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By John Cooper, FELA Plaintiff’s Attorney in Virginia

In his latest blog post to our firm’s Virginia personal attorneys’ website, my colleague Rick Shapiro reports that federal felony fraud charges have been filed in New York (NY) against former Long Island Railroad employees and two doctors who are being accused of inventing false diagnoses of disabling injuries and illnesses. The prosecutors estimate that the scheme has resulted in more than $300 million unearned payments from the Railroad Retire Board fund. Rick notes that a case like this makes it all the more difficult for rail workers who have legitimate work-related injury and wrongful death claims to receive the compensation they deserve. To read more, click over to “Fraudulent Disability Claims Make Life Hard for All Rail Employees.”

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases. Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.