By Randy Appleton, Railroad Cancer Victims’ Lawyer

In his latest post to our law firm’s Virginia Beach Injuryboard blog site, my rail employee occupational illness colleague Rick Shapiro shares details from a major long-term study that provides compelling evidence for a link between on-the-job exposure to diesel fumes and developing and dying from lung cancer. Rick calls on railroads from Amtrak to CSX and Norfolk Southern to pay attention to the study findings and to expand efforts to reduce rail employees’ exposure to diesel exhaust. To read more, click over to “Diesel Exhaust Raises Lung Cancer Risk, Suppressed Study Shows.”

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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 Randy Appleton, Virginia Railroad Wrongful Death Attorney

In his latest post to our firm’s Norfolk Injuryboard blog site, my colleague Rick Shapiro expresses his support for the acquittal of a tour bus driver who faced homicide charges in connection with a fatal accident in 2010. Like the judge, Rick believes CSX bears partial responsibility for the wreck that claimed four lives and left many injured. To read the facts of the case and get an explanation of why a railroad should be held liable for a bus wreck, click over to “Hold CSX Liable for Fatal Megabus Accident.”

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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 Randy Appleton, Railroad Cancer Victims’ Attorney

In his latest blog post our Virginia (VA) personal injury lawyers website, my colleague Rick Shapiro writes that more hospitals in our home state, North Carolina (NC), West Virginia (WV), Tennessee (TN) and elsewhere are adding cancer radiotherapy machines called CyberKnife or Gamma Knife. The machines allow doctors to better treat patient with advanced or complicated lung, brain, pancreatic and liver cancers in shorter times and with fewer side effects. To read more, click over to “Railroad Cancer Victims Could Have Hope in Targeted Radiosurgery.”

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By Rick Shapiro, Attorney for Railroad Accident Victims

Failure to warn the train’s crew about a track washout, combined with a long-term refusal to fix storm water runoff problems, caused a fatal Canadian National railroad derailment in Cherry Valley, Illinois (IL). Those are the essential findings from a 20-month National Transportation Safety Board investigation into a June 2009 grade-crossing accident that caused an ethanol-fueled fire that claimed the life of one woman trapped in a nearby stopped car and badly burned several other drivers and passengers.

View a larger map of Cherry Valley, IL, where a 2009 CN train derailemnt and ethanol fire killed one and injured several.

Working with the Federal Railroad Administration and the cooperation of CN officials, the NTSB determined that the rail company knew the track had been washed away at least an hour before the deadly wreck and that at least two other storms had taken out the rails at the crossing in Winnebago County near Rockford. The agency recommended that Canadian Railroad and all other rail corporations update and strengthen policies and practices regarding “internal emergency communications, weather-alert policies and rules, tank-car vulnerabilities, inspection and maintenance of storm water detention ponds, the accuracy of train consist information, construction standards for underground pipelines at railroad crossings.”

CN has already settled combined wrongful death and injury claims from one family affected by the derailment for $36.2 million. A spokesman for the railroad also told the Chicago Tribune that his company had completely revised its weather reporting for train crews and addressed design issues at crossings in flood-prone areas. The spokesman also said, “If good things can come out of tragedy, we hope the recommendations are put into place as quickly as possible, and that they help make sure CN’s safety culture gets better.”

The real question, though, is why Canadian National didn’t take action after the previous washouts that didn’t result in tragedy. Or, since it did not, why did the company not act after a similar weather-related accident in Mississippi (MS) in April 2009 — two months before the Illinois derailment.

This blog post from fellow FELA attorney Joseph M. Miller, with whom I have collaborated in cases heard in New Orleans, provides the full details of the Mississippi crash that left an engineer severely injured. It’s worth reading, but I’ll provide the minor spoiler of revealing that CN failed to warn the engineer and other crew members that a storm had knocked a huge tree across the tracks.

NTSB’s recommendations seem particularly appropriate for the passenger and freight rail lines that operate in Norfolk and Newport News, Virginia (VA), where I practice railroad law. The tracks owned and used by Amtrak, CSX and Norfolk Southern are definitely at risk for flooding and damage from the thunderstorms, nor’easters and tropical storms that regularly buffet Hampton Roads. If CN can be taken at its word that the company has already begun implementing changes to protect crews and the public from weather-related accidents, I hope all other rail corporations do the same.

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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.

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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, 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.

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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 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.”

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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, 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.

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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 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 Kevin Duffan, Railroad Accident Injury Attorney

My colleague John Cooper has written a new article on our firm’s Virginia personal injury lawyers’ website about an accident in Maryland in which a truck hit a train at a crossing.  The truck driver was injured.

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Cooper, 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.