Jury: Asbestos Manufacturers, Users Conspired to Hide Health Risks

railroadaccidentfelalawyer — Mon, 06 Feb 2012 16:53:57 +0000

By Randy Appleton, Mesothelioma Attorney in Virginia

In his latest blog post to our Virginia (VA) personal injury lawyers website, my colleague Rick Shapiro reports on a $90 million jury award to a retired pipefitter who developed mesothelioma after being exposed to airborne asbestos on the job. Jurors accepted evidence that makers of asbestos insulation and the man’s employers had reached an agreement to keep quiet about short- and long-term asbestos dangers. To read more, click over to “$90M Mesothelioma Verdict Based on Evidence of Conspiracy by Manufacturers and Employers.”

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.

Amtrak Crash, Derailment in Michigan Leaves 10 Injured

railroadaccidentfelalawyer — Thu, 02 Feb 2012 12:06:02 +0000

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.

EJL

NSU Pedestrians Endangered by Traffic on Road Near Light Rail Station

railroadaccidentfelalawyer — Tue, 24 Jan 2012 00:17:49 +0000

By Kevin Duffan, Norfolk Personal Injury Attorney

Norfolk State University students are in danger each time a new train arrives at the Brambleton Avenue light rail station, according to a report in the January 22, 2012, Virginian-Pilot. Traffic on the road separating the station from the campus is simply too overwhelming for regular pedestrian traffic. To learn more about these concerns, visit “Norfolk State University Students Endangered by Tide Light Rail Station?“.

Norfolk, VA Light Rail Train Derails

railroadaccidentfelalawyer — Tue, 24 Jan 2012 00:10:04 +0000

By Randy Appleton, Commuter Rail Injury Attorney in Virginia

An evening rush hour ride home turned scary for six Norfolk Tide light rail passengers on January 20, 2012. Authorities report that a commuter train derailed on Brambleton Avenue. No injuries were reported. The train derailed while going through a switch in the tracks. By the next morning, the train was back on track and had resumed service.

While no one was hurt in this accident it showed how quickly and easily a light rail train can jump its tracks. The Tide has been carrying passengers for just a few months, and the fact that these relatively new trains are derailing is certainly frightening.

The fact is, of course, that whether you’re traveling by car, plane or train, risks abound. The trouble with the light rail system is that it presents a new dynamic for passengers, pedestrians and other vehicles to deal with. When a train derails, it threatens the lives not only of the passengers on board, but the lives of the pedestrians and drivers nearby.

If you use the light rail trains, prepare yourself. Hold on to railings while boarding and disembarking to prevent falls. To learn more about how to stay safe on the light rail, check out these tips.

Electrical Hazards to Employees and Customers of Norfolk Light Rail Trains

railroadaccidentfelalawyer — Sun, 22 Jan 2012 13:54:29 +0000

NTSB: Speed Kills When Trains Follow Too Closely

railroadaccidentfelalawyer — Sat, 14 Jan 2012 14:35:26 +0000

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

BNSF Welder Killed in Texas Yard When Hit by Rail Grinder

railroadaccidentfelalawyer — Wed, 11 Jan 2012 19:04:45 +0000

By Randy Appleton, Attorney Representing Railroad Employees in FELA Cases

A 57-year-old welder for Burlington Northern Santa Fe Railway Company died after being struck by and pulled under a rail grinder in a rail yard in Amarillo, Texas (TX). A BNSF spokesman told reporters the fatal January 9, 2011, on-the-job accident appears to have resulted from “some kind of miscommunication” while the rail maintenance car was being moved from one track to another so it could be repaired.

I find that statement particularly interesting because my Virginia Beach, VA-based FELA lawyer colleague Rick Shapiro recently noted that a 3-train collision in Indiana (IN) which left two of six crew members seriously injured also seemingly resulted from a breakdown in communications. The federal Safety Appliance Act requires railroad corporations to supply employees with the equipment and training needed to ensure all workers in danger of being injured or killed stay informed of where hazards exist and how those hazards can be avoided or mitigated.

Full and proper communication can only occur when the people who must share information have the tools to do so, the understanding of when and how to communicate essential facts, and the knowledge to interpret and act on the data they receive. BNSF may be initially pointing to “miscommunication” as a means of laying the groundwork for a defense against a Federal Employers’ Liability Act or SAA lawsuit, but it and other railroads have high duties to make sure their worker can and do communicate while performing dangerous tasks.

Investigators from the Federal Railroad Administration and the Occupational Safety and Health Administration have begun looking into the causes of the deadly accident in BNSF’s Amarillo yard. Regardless of the agencies’ findings, something obviously went as wrong as it could and a man lost his life in a way that could almost definitely be prevented. When the problems with equipment or work procedures are eventually identified, BNSF and all other similarly situated rail operators must make changes aimed at ensuring such fatal accidents do not recur.

EJL

Two CSX Workers Injured in 3-Train Collision, Derailment in Indiana

railroadaccidentfelalawyer — Mon, 09 Jan 2012 12:33:10 +0000

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

Mesothelioma Does Not Discriminate Based on Rail Profession

railroadaccidentfelalawyer — Sat, 31 Dec 2011 18:26:14 +0000

By Randy Appleton, Injured Rail Worker Attorney

An attorney with the Shapiro, Lewis & Appleton law firm has published an article about the serious risks associated with asbestos exposure and how mesothelioma can affect myriad rail workers, including engineers, conductors, switchmen and ironworkers. To learn more, check out “Mesothelioma and Other Railroad Cancers Can Affect Virtually Any Rail Employee.”

Wrongfully Fired Rail Employee Wins Whistleblower Case Against Union Pacific

railroadaccidentfelalawyer — Fri, 23 Dec 2011 16:11:23 +0000

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