Tuesday, 7 of February of 2012

Tag » worker

Amtrak Crash, Derailment in Michigan Leaves 10 Injured

The collision with a tractor-trailer stuck on tracks 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.

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

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.


BNSF Welder Killed in Texas Yard When Hit by Rail Grinder

A railroad company spokesman told reporters the fatal January 9, 2011, on-the-job accident appears to have resulted from "some kind of miscommunication."

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

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.


Wrongfully Fired Rail Employee Wins Whistleblower Case Against Union Pacific

OSHA has ordered UP to rehire the Idaho-based worker immediately and pay the man $300,000 in compensation, lost wages and punitive damages.

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.


BNSF Conductor Dies From Head Injuries, Fall Suffered While Checking Fuel Gauge

The sight gauge was located on the outside of the locomotive, meaning the man had to risk his safety to get an accurate reading.

By Rick Shapiro, Injured Railroad Worker Attorney and FELA Specialist

A conductor crewing a Burlington Northern Santa Fe train traveling through the small town of Navasota, Texas (TX), lost his life when he struck his head on the crossbeam of a railroad bridge and fell from the locomotive. According to a report from the United Transportation Union (UTU), to which the BNSF employee belonged, the conductor had been leaning over the running board of his moving locomotive to check a fuel level sight gauge when he was killed in this on-the-job accident.

The Bryan-College Station Eagle identified the deceased rail worker as 41-year-old Stacy Lee Rieger of Lumberton, TX, and noted that both BNSF and the National Transportation Safety Board are investigating the cause of the workplace accident. At the risk of being presumptuous, but also as an attorney who has represented railroad employees and their survivors in injury and wrongful death lawsuits for nearly 25 years, allow me to tell the rail company and the federal safety officials why the conductor was killed on the job: The sight gauge was located outside the crew cab, placed in such a position that he had to risk his safety to get an accurate reading.

Investigators may discover that the conductor performed his visual check at the wrong time or that he extended his head and body beyond the distance deemed safe for standard operating procedures. Neither finding would be relevant, however, because the gauge’s placement made checking it while under way inherently dangerous.

Throughout my decades of helping plaintiffs in Federal Employers’ Liability Act (FELA)Locomotive Inspection Act, and Safety Appliance Act cases, I have consistently held railroads to their strict liability for protecting workers. Rail corporation fail their employees when they supply poorly designed equipment, and that leaves companies such as BNSF and, in my hometown of Norfolk, Virginia (VA), Norfolk Southern, CSX and Amtrak, responsible for any workplace accident attributable to equipment that cannot be used or operated safely. And even if the equipment itself is fine, federal laws require all equipment to be safely accessible. Certainly, the location of the sight gauge would leave anyone shaking their heads bemusedly.

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.


Preventing Rollback, Crush Injuries and Deaths the Aim of New Federal Effort

Far too many lives have been shattered and ended by accidents in which rail workers have been struck by or crushed between rail cars and locomotives.

By John Cooper, FELA Attorney in Virginia

As a Virginia-based attorney who specializes in representing railroad employees who get injured on the job and helping rail workers’ families recover fair compensation when a loved one loses his or her life due to a rail company’s negligence, I make it my business to stay up to date on accidents in rail yards, on tracks and aboard trains. Still, I was taken aback by the first line of an e-mail I just received from a fellow layer who handles personal injury and wrongful deaths cases brought under the provisions of the Federal Employers Liability Act, or FELA.

Here’s that shocking sentence: “During the first six months of 2011, 37 serious injuries occurred during switching operations, resulting in three fatalities and eight amputations, while over the past two years, five rail workers have died in accidents involving rolling rail equipment.”

What this means is far too many lives have been shattered and ended by accidents in which rail workers have been struck by or crushed between rail cars and locomotives that have rolled back into each other or collided. Those dangers are ever-present for the engineers, conductors, switchmen and trackmen who must go between rolling stock to connect car and engines.

Organizations representing railroad employees such as the Brotherhood of Locomotive Engineers and Trainmen and the United Transportation Union have long recognized the safety risks and have worked with the Federal Railroad Administration since the early 1990s to reduce the number of rollback and crush injuries and deaths. Now, the FRA has issued a 2011-2012 Safety Advisory about how rail employees can protect themselves while working between cars and locomotives.

As published in the October 11, 2011, Federal Register, the advisory urges workers and railroad corporations to

  • Review current operating and safety rules that specifically address both remote control locomotive and conventional switching operations that require employees to go between rolling equipment, and determine whether those rules provide adequate protection to employees or need to be updated or revised.
  • Develop, implement, and monitor sound communication protocols that require employees on multiperson switch crews to notify their fellow crewmembers when the need arises to enter between two pieces of rolling equipment — regardless of whether the employee is the primary RCO [remote control operator] or working on a conventional crew.
  • Review the Switching Operations Fatality Analysis (SOFA) Safety Recommendation 1, Adjusting Knuckles, Adjusting Drawbars, and Installing End of Train Devices [please follow the link] and communicate its procedures implementing that recommendation to employees working in yards or other locations where the possibility of entering between rolling equipment exists.
  • Convey to employees that their own personal safety is their responsibility and that railroad management supports and encourages those employees that make safety their number one priority, regardless of their immediate assignment.
  • Convey to employees that they should encourage fellow employees to perform their tasks safely and in compliance with established railroad rules and procedures.

The recommendations and reminders from FRA apply equally to Amtrak, BNSF, CSX, Norfolk Southern, Union Pacific and all other long- and short-haul passenger and freight railroads. And while the advice for workers to take responsibility for their own on-the-job safety is apt, the rail companies truly do bear the ultimate responsibility for developing and enforcing procedures and practices that put employees at the least risk for suffering injuries or getting killed.

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.


BNSF Engineer Awarded $2M After Suffering Back Injury

Railroads often try to deny liability for employees' injuries, and my Virginia (VA)-based FELA attorney colleagues and I have written about several cases of rail companies retaliating against workers who report unsafe working conditions.

By John Cooper, FELA Attorney in Virginia

Burlington Northern Santa Fe Railway has been ordered by a jury to pay a Billings, Montana (MT), railroad engineer who suffered a permanent back injury after tripping over a radio headset cord while operating a BNSF locomotive. Ten years after the 2001 workplace accident, the man continues to suffer high degrees of pain and may have to take medical retirement because of the herniated discs in his back.

One thing I found particularly interesting about this case is how unprofessionally lawyers and executives for BNSF acted. I learned from the engineer’s attorneys, Montana-based Jon Moyers and Russ Yerger, that the defense

  • Inappropriately contacted the engineer’s treating physician
  • Got rid of the radio cord so it couldn’t be admitted into evidence
  • Tried to hide other evidence and  misrepresent statements already given as part of the discovery process, and
  • Took disciplinary actions against the engineer that were clearly related to the injured man’s chronic pain from his on-the-job injury and the filling of his lawsuit for compensation.

Railroads often try to deny liability for employees’ injuries, and my Virginia (VA) and North  Carolina (NC) FELA attorney colleagues and I have written about several cases of rail companies retaliating against and trying to intimidate workers who report workplace injuries and unsafe working conditions. It is in the interests of corporations to not fairly compensate its employee’s for harms the corporations caused or allowed to happen.

I’m glad BNSF was not successful in deterring this engineer from exercising his legal rights and holding the railroad accountable. I congratulate my fellow railroad employee injury attorneys on securing this verdict for the engineer.

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.


Norfolk Southern Train Crew Forced to Derail by Object Placed on Tracks

The incident occurred outside Ridgeway, VA. Three boys have been arrested for putting the item in the freight train's path.

By John Cooper, Virginia FELA Plaintiff’s Attorney

Injuries may have been avoided when the crew of a Norfolk Southern freight train hauling agricultural products intentionally derailed near Ridgeway, Virginia (VA), on the night of August 13, 2011. The engineer and other rail employees felt they had no choice but to jump the tracks when they spotted a large object that had been placed on the rails. Knowing a derailment might cause them injuries, they took that smaller risk over the greater danger from hitting the obstruction.

According to a report on the intentional derailing in the Martinsville Bulletin, the crew did well to keep most of the rail cars on the track when they steered the locomotive off its course. This prevented a spill and limited property damage. Most importantly, none of the crew members got killed. Railroads always claim that no injuries occurred before really knowing if or how badly their workers may be hurt.

If you suddenly got thrown around in a metal box connected to hundreds of tons of shifting weight, don’t you think you might be injured at least a little? But before you even got to go home, supervisors would circle and encourage you not to go to the doctor unless you were bleeding out of your eyes. A doctor or emergency room visit would create paperwork and threaten everyone’s no-injury bonuses, the higher-ups would argue.

Police determined that the object, which they did not identify, had been set on the tracks on purpose. By the Thursday following the accident, three boys between the ages of 12 and 14 had been arrested and charged with the class 6 felony of obstructing a railroad. Even though the children apparently did not want to injure or kill anyone, they could still face penalties of up 5 years in jail and fines of $2,500.

Those potential punishments may strike some as harsh, but if the boys did try to sabotage the NS train and its crew, what the youngsters did was no less than put the engineer’s, conductor’s and trackman’s lives at risk. Train derailments, whether intentional or accidental, often injure and kill people on the train and others living, working or just nearby when a train leaves its tracks.

As a Virginia personal injury attorney who has represented railroad employees injured on the job, I’m glad that no one died in the accident near Ridgeway, VA. I hope that anyone learning about the threat to life and limb created by the incident will refrain from doing anything similar in the future.

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.


Firm Attorney Featured in Prestigious Publication in Wake of $8.6M Verdict Against CSX

One our firm's FELA attorneys battled CSX, the defendant railroad company, for more than four years and went through a two-week trial to finally get justice for his client.

By John Cooper, Virginia Railroad Accident FELA Lawyer

Firm FELA lawyer Rick Shapiro was featured in the American Association of Justice’s Experts and Evidence publication. The American Association for Justice wrote an article about Ricks’ $8.6 million jury verdict in a railroad worker wrongful death suit. Rick battled CSX, the defendant railroad company, for more than four years and went through a two-week trial to finally get justice for his client. The recognition he received from AAJ is well-deserved.

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.


Virginia FELA Lawyer’s Advice on Mesothelioma Cancer from Asbestos Exposure

By John Cooper, VA FELA Lawyer

Fellow attorney Rick Shapiro recently published an article about mesothelioma cancer that may have been caused by asbestos exposure at the workplace. Rick explores the emotional trauma that can be inflicted on a family who has a family member that is stricken with mesothelioma after devoting his or her life to working on the railroad. To learn more, check out this informative article on asbestos-related mesothelioma cancer claims here.


UP Conductor Injured in Crash With Semi at Gateless Crossing in Arkansas

The extent of the injuries suffered by the railroad employee are not known, but the accident illustrates many of the risks for injuries and death conductors, engineers and other crew members face as they take their trains through multiple poorly marked and largely uncontrolled grade crossings each day.

By Randy Appleton, Railroad Injury/FELA Attorney

A local television report on a grade crossing crash between a Union Pacific freight train and a tractor-trailer hauling a flatbed in northeastern Arkansas focuses on how the truck driver escaped injury, only spilling his coffee. The video below also makes passing mention of several similar collisions between semis and trains at that particular track-highway intersection, which has no warning lights or gates.

For more information, go to KAIT-8

A newspaper account of the collision at the intersection of U.S. 49 and Greene County Road 805 just north of Paragould, AR, in The (Columbus, IN) Republic, however, tell the fuller story of an injury to the conductor aboard the UP train. The extent of the injuries suffered by the railroad employee are not known, but the accident illustrates many of the risks for injuries and death conductors, engineers and other crew members face as they take their trains through multiple poorly marked and largely uncontrolled grade crossings each day.

First, the truck driver drove his rig into the path of the oncoming train because he had no immediate warning of the impending danger. With no lights or gates in place, the driver could only have seen the approaching train if he had stopped and looked both ways down the track. While he may have done this — reports are unclear — the driver explained that the sun blinded him to the extent that he never saw the train. Trees and brush also obscure part of the rail right-of-way.

Second, once a car or truck is on the tracks, it is often far too late for conductors and engineers to stop and avoid a crash. The semi driver may not have seen the train, but it’s likely that the UP saw the truck. Even so, the crash was all but an inevitability once the truck driver made his vehicle a target.

Last, the tractor-trailer may have sustained the most damage from this crash, but impacts between big rigs and trains are felt quite strongly in locomotives. Any broken bones, head or neck injury, or brain trauma a person might sustain in a traffic accident can be sustained just as easily by a conductor, engineer or train crew member in an accident at a grade crossing.

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.