Injuryboard Commentary - Mass Transit (Airline, Cruise Ship, Train, Bus)

More Details In Deadly Diggins, Missouri Train Crash

Brett Emison — Sun, 06 Dec 2009 10:07:40 GMT

ABC affiliate, KSPR-33 has reported on more details in the deadly railroad crossing accident that killed Kristy Willis and injured her daughter, Kelsey.

I reported yesterday about this tragic train accident. Again, our thoughts and prayers to out to the family of Kristy Willis and her community.

Tim Bowden, whose children Tiffany Bowden and Carl Bowden survived the train crash by jumping from the pickup truck at the last second, said the train never blew its whistle or sounded a warning.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

Neighbor, Nan Caldwell, confirmed that trains do not always blow their horn or sound a warning at this crossing. "You can't always here the train. They don't always blow the whistle," Caldwell said.

Missouri is one of the 10 deadliest states for train crashes and railroad crossing deaths. Burlington Northern Santa Fe (BNSF) railroad has been involved in many train-car collisions that have killed many drivers. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

Railroad companies should be held accountable for dangers railroad crossings that kill. Is there a different set of rules for railroad companies than for everyone else? If a railroad has a dangerous crossing where large trains speed through, shouldn't they warn approaching motorists? Why did the railroad never put up a proper warning device?

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Mother Killed; Child Injured In Diggins, Missouri Railroad Crossing Accident

Brett Emison — Sat, 05 Dec 2009 10:03:06 GMT

Several news sources, including The Kansas City Star, NBC KY3, and OzarksFirst.com have reported that Kristy Willis was killed and her daughter, Kelsey, was injured when their pickup truck was struck by a train in Diggins, Missouri in Webster County.

Diggins, Mo. -- A tragic accident between a pickup and a train at a Webster County railroad crossing late Friday afternoon. 33 year old Kristy Willis, who was driving the pick-up, died at the scene, and her eight year old daughter, Kelsey Turner was seriously hurt. Turner was airlifted to St. John's in Springfield. The accident happened around 4:00 Friday afternoon just after Turner and two other kids got off the school bus.

***

Willis was headed to her home on Greenbriar drive. There are only four homes past the private railroad crossing, and Nan Caldwell's is one of them. "Sometimes they come by a couple times an hour," says Caldwell.

She knows the crossing, which only has a stop sign and a railroad crossing sign, no crossing bars or lights, is dangerous. "You can't always hear the train. They don't always blow the whistle, because it almost happened to me, and thank God I stopped and saw it because it was right on me," says Caldwell.

Our thoughts and prayers go out to this young family and their community. Any loss of life from preventable tragedies is unacceptable.

The Burlington Northern Santa Fe (BNSF) engineer claims that he blew the whistle and tried to stop, but that part of his story is disputed one of the pickup truck passengers.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

According to emergency responders at the scene, the BNSF engineer agreed that Kristy Willis never saw the locomotive before it struck her vehicle.

"He just didn't think they seen them, and they just didn't have time to stop," says Captain James Merritt with the Southern Webster County Fire Protection District. The train was moving at about 50 miles an hour. It struck the front driver's side of the pickup, killing Willis.

Again, our prayers go out to the Willis family, their neighbors and their community. Tragedies like this don't have to happen if the railroad company takes proper precautions. There have been far too many train-vehicle crashes in recent weeks. There were at least two railroad crossing crashes in Missouri -- one in Campbell, Missouri and one in Marshall, Missouri -- just in November.

In fact, Missouri was one of the top 10 deadliest states or railroad crossing accidents in 2008.

In addition, Burlington Northern Santa Fe (BNSF) has been under heated scrutiny in recent months. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

The Court found that BNSF destroyed some evidence, fabricated other evidence, interfered with the investigation and purposefully lied and advanced misleading facts in order to conceal the truth.

BNSF's conduct in the Minnesota case was despicable. There conduct in Missouri may not be much better. Reports indicate that BNSF did not properly maintain or guard the crossing and that their engineers did not always sound the train's horn at the crossing as federal regulations require.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

As HRT Grows, Responsibilities for Protecting Public Also Increase

John Cooper — Thu, 03 Dec 2009 09:15:48 GMT

HRT, which operates public transportation throughout Tidewater, had a big year in 2009. Hampton Roads Transit broke ground on The Tide light rail system in Norfolk, revised its bus routes repeatedly, expanded ferry services across the Elizabeth River and entered into preliminary planning discussions with city officials to bring light rail to Virginia Beach and Chesapeake.

The semi-private agency--it draws about 80 percent of its operating funds from federal, state and local governments--also just announced plans to move into a new headquarters complex in the heart of downtown Norfolk.

I have written before that providing comprehensive and state-of-the-art transit options is essential for the Seven Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach. Every HRT or WAVE bus passenger, every ferry rider, and each future Tide commuter represents one driver not on some portion of Hampton Roads' dangerous and frustratingly overcrowded highways, bridges, tunnels and surface roads.

But mass transit is not without its own problems. Long considered a model of commuter rail safety, the Washington, D.C., Metro system has seen multiple deadly accidents this year. City bus crashes involving cars, bicyclists and pedestrians occur with alarming frequency. While the United States has, thankfully, gone some time without a truly tragic ferry accident, last week's capsizing in Bangladesh provided a shocking reminder of how quickly situations can turn deadly on even calm waters.

As HRT expands its network, then, it also needs to expand its focus on protecting passengers, operators and everyone else who shares Tidewater's roads and waterways. The transit agency has a strong safety record, but the chances for things to go wrong will grow in direct proportion to the growth of HRt's fleet and ridership.

As quasi-public entities, transit authorities like HRT often get the government's immunity from lawsuit or special limitations on liability for injuries they cause. I, as an accident attorney in Hampton Roads, VA, have made claims against HRT for injured bus passengers, however. These claims are allowed and treated just as any insurance case involving a traffic accident or improper operation of a vehicle. The duty of common carriers to protect riders' for safety are generally high.

I do hope, as a Norfolk resident, that HRT will increase its efforts on safety as its responsibilities increase and also that the agency keeps high insurance coverage so it is readyto deal with any tragic disaster that may occur. As a lawyer who represents folks hurt in mass transit and railroad crossing accidents, I know that the risks of death or serious injury are always present when trains and buses are mixed on busy roads with cars and pedestrians.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by John Cooper

Increased safety needed for DC Metro Subway, train and bus drivers

Doug Landau — Sun, 29 Nov 2009 22:48:00 GMT

After four metro drivers have been injured in train accidents since June, it appears that greater safety training is needed by DC Metro. Union officials have also called for more safety training for new and existing subway train operators. Having tried cases where the employer tries to rely on the injured workers' signatures on a safety book, DC workplace accident lawyer Doug Landau knows firsthand that there must be actual, "hands on" safety training, and that such safety training must continue throughout a train, bus or Metro driver's career. Personal injury lawyer Landau notes that the National Transportation Safety Board is investigating the spate of accidents on the DC Metrorail system. Because these "common carriers" are subject to special rules and responsibilities when passengers are injured, the ABRAMS LANDAU trial attorney calls upon the District of Columbia Government to step up its safety training and accident prevention procedures.

A subway, train, railroad, ferry, bus and shuttle service are all generally Common Carriers. They convey passengers without refusal if the approved fare or charge is paid. The second definition in the Blacks Law Dictionary goes on to state that a Common carrier is “One who holds himself out the public as engaged in business of transportation of persons or property from place to place for compensation, and who offers services to the general public.” If you or someone you know has been injured in a Metro train, bus or subway car crash, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Safety concerns face Washington, D.C. Metro expansion to Dulles in northern Virginia

Jim Lewis — Wed, 25 Nov 2009 21:15:48 GMT

Serious safety issues have emerged concerning the Washington, D.C. Metro rail line currently being extended to Washington Dulles International Airport.

Concerns center around underground foundations built for the line 32 years ago – built and then forgotten, The Washington Post reported in a recent special investigation.

Builders and local government officials now want to use the rediscovered foundations – called footings – without testing all of them to make sure they can carry the load of a bridge and trains on the bridge.

"We have genuine, factual concerns about their engineering plan," Peter Rogoff, head of the Federal Transit Administration, told The Post.

Metro has had a mixed safety record in recent years. Nine people died in a June accident that was the worst in Metro history, an accident written about by my colleague Rick Shapiro.

The contractor building the Silver Line, Dulles Transit Partners, has tested two of the 11 foundations and plans to test seven more. That will leave two foundations untested.

The bridge, when built, will take the Silver Line over a tangle of roads: The Dulles Toll Road, Interstate 66, and the Metro’s Orange Line. The 23-mile line is expected to cost $5.2 billion.

The original construction drawings and associated paperwork for the foundations – including “as-built” drawings that show what was actually constructed – have been lost, the newspaper said.

The foundations themselves had been buried and forgotten until 2007, when workers conducting soil bore tests rediscovered them.

Engineers on the project decided to use the old foundations – along with additional new foundations – for the bridge.

Federal officials have strongly encouraged the contractor to test all the foundations. However, the matter still remains unresolved – and construction on the line continues.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Two Injured In Marshall, Missouri Train Crash

Brett Emison — Wed, 25 Nov 2009 10:54:20 GMT

The Marshall Democrat-News has reported that two people were injured when their pickup truck was struck by a Union Pacific train.

Two people were injured when a train struck their pickup truck on 205th Road, formerly County Road 205, near state Highway WW just before 8:30 a.m. Tuesday, Nov. 24.

David O. Griffitt, 70, of Slater was driving a 2006 Dodge Ram pickup truck eastbound on 205th Road, formerly County Road 205, when he failed to observe an oncoming train and his vehicle struck the engine of a southbound C44AC Union Pacific train, driven by Robert E. Smith, 31, of Lee's Summit, according to the Missouri State Highway Patrol's crash report.

Griffett received serious injuries and was transported to Fitzgibbon Hospital.

An unnamed passenger received light injuries and was also transported to Fitzgibbon Hospital.

Missouri was one of the top 10 deadliest states for railroad crossing accidents in 2008. The comments accompanying the Marshall Democrat-News story are telling about the dangerousness of the railroad crossing where this accident occurred:

If it is not clear and visible to see an approaching train, maybe some signal arms should be installed like normal crossings that would drop down when a train is nearing the crossing.

Why don't they have them at this crossing?
-- Posted by chatterbox6494 on Wed, Nov 25, 2009, at 12:12 AM

I have been in this area my whole life. Those tracks are dangerous. No signal and bushes and weeds make it hard to see untill it is to late.

This road is well traveled by many.I have witnessed several vehiles simply fly across those tracks.

I pray these gentlemen are OK and that some sort of solution to the lack of visibility.
-- Posted by vlm2 on Tue, Nov 24, 2009, at 12:30 PM

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

It takes a skilled team of investigators, experts and railroad crossing attorneys to identify critical information.

A railroad company is responsible for assuring that train crossing warning systems are active and in working order. In one Langdon & Emison case, the flashing lights were working, but there was no train visible. As the vehicle attempted to cross the tracks, a train came around a curve, failed to use its horn and collided with the car. In another case, a train was obstructed by overgrown vegetation and the crossing lights did not activate. Too often, railroad companies allow weeds, grass, trees and other vegetation to overgrow near railroad crossings. This overgrown foliage prevents motorists from seeing an oncoming train.

You can learn more about how to protect yourself at railroad crossings at by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

More Details In Tragic Train Crash That Killed Pastor And Wife

Brett Emison — Wed, 25 Nov 2009 10:44:49 GMT

KLFY has reported additional details surrounding the tragic train crash that killed Pastor Fanley Thomas and his wife, Florence, in Le Moyen, Louisiana.

After a train crash killed a pastor and his wife on their way to church Sunday, family members and the congregation are left with heavy hearts as they try to move on.

The accident happened right in front of their church in Lemoine. That's a small community in St Landry Parish, just east of US Highway 71.

Pastor Fanley Thomas and his wife Florence were killed Sunday morning crossing the tracks at highway 71, just feet away from a congregation awaiting their sermon.

The train was heading north on the tracks, the pastor and his wife were heading south, turned into the driveway, and obviously didn't see the train. As tragic as it was , we're told it could've been much worse.

It was just the pastor and his wife in the car, but the pastor was known to bring his mother and two grandchildren to Sunday service with him.

There are no active emergency signals, such as flashing lights or cross-arms at the intersection. Congregation members say they will now press to get active emergency indicators at the intersection.

They say had it been someone else who met the same fate, future protection would have been the pastor's main goal.

DOTD officials say since the intersection is a private road, public funding for emergency signals is a stretch.

Our thoughts and prayers continue to go out to Pastor Thomas's family and congregation. I support their call for safer railroad crossings. It is unacceptable that the railroad has failed to put warning devices on this crossing just steps from Pastor Thomas's church.

A public viewing for Pastor Fanley and Florence Thomas will be held on Friday from 2:00 p.m. until 7:00 p.m. at St. Paul Baptist Church in Manou. The funeral service will be Saturday at 11:00 a.m.

Railroad companies owe it to the public to make sure that no one dies in another train crash like this one.

This tragic railroad crash comes on the heals of several others across the country. There were reports in New Jersey of railroad crossing signal malfunctions that caused warning lights to go off when no train was present. These malfunctions lead to train collisions. Burlington Northern Santa Fe railroad (BNSF) was fined $4 million for lying to a Minnesota court and attempting to cover up its role in a tragic train crossing crash that killed four people.

You can learn more about how to protect yourself at railroad crossings at by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Alarming Facts about Air Craft Accidents

Jim Lewis — Tue, 24 Nov 2009 15:45:00 GMT

An air craft/air plane is the most convenient way when travelling, because you get to reach your destination in just a couple of hours or so compared with ships, boat or other motor vehicles. However, the number of its fatalities is quite alarming. According to a statistics on fatalities of air craft accidents compiled by planecrashinfo.com, there are 1,300 fatal accidents involving commercial aircraft, world-wide, from 1950 thru 2008 for which a specific cause is known which is pilot error or cockpit error.

One factor also which causes air craft accidents would be mechanical error which is 21% of the cause following pilot error. Among the factors listed by airplanes.suite101.com are weather, other human factors sabotage and terrorism. Air craft companies should put huge emphasis on the aircraft safety equipments. Emergency slides should be present, this would aid passenger to escape in case of major emergency. Alert systems and landing gears that can be lowered even after loss of power and hydraulics should be functional.

Safety measures are given prior to take off. It is very important to follow these precautions by heart. Wearing of seat belt is strictly implemented. It should only be unbuckled after the signals for it to be removed have been put on. When one is seated near the emergency exit, that person should be physically capable to open the bulky exit row, and should be able to assist other passengers.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), with an office also in Elizabeth City, in Northeast North Carolina (NC), practicing primarily in the south-eastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. Our Carolina injur law website is: http://carolina.hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a YouTube injury law video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, and KY.

Originally posted at InjuryBoard by Jim Lewis

Woman Gets $8 Million Verdict from Richmond, Virginia (VA) Jury

John Cooper — Tue, 24 Nov 2009 14:47:13 GMT

A Richmond Circuit Court jury has returned an $8 million verdict to a Richmond woman in a law suit against the Greater Richmond Transit Bus (GRTC), the company that provides mass transit throughout the Richmond, Virginia (VA) area.

The accident happened within sight of the Richmond, Virginia (VA) courthouse. The woman was walking to the Library of Virginia, where she is a research Liberian, when she was struck by a GRTC bus on Marshall Street. The accident caused her to suffer fractures in her right shoulder blade, back, right sacrum, and left hip socket.

Thankfully, she mostly recovered from her injuries; however, she incurred $180,000 in medical bills. The woman also suffered from post-traumatic stress disorder, depression, and anxiety. According to her lawyer, the extent of her mental anguish was so severe that she was advised by a counselor and a psychotherapist not to be present in the courtroom during the trial. She will require $400,000 for future medical treatment.

The bus company admitted liability for the woman’s injuries and the jury returned an $8 million dollar verdict.

The lawyers at Shapiro, Cooper, Lewis & Appleton would like to congratulate Jason Konvicka on obtaining a strong result for his client. It was truly a job well done.

Originally posted at InjuryBoard by John Cooper

Seventeen Kids Injured In School Bus Crash In Lebanon

Chrissie Cole — Tue, 24 Nov 2009 07:45:00 GMT

Seventeen children were sent to Ohio hospitals on Tuesday after two school buses collided at a red light.

The accident happened in Lebanon, just 25 miles south of Dayton. Four buses, filled with eight-graders, were traveling to a vocational school when the accident occurred, according to Valerie Browning Superintendent.

One of the students says she was aboard the first bus when it was struck from behind, shattering the rear window.

Most of the injured students complained of shoulder and neck pain. Two girls were immobilized by paramedics using a back and neck brace. Their conditions are unknown at this time.

The investigation is ongoing.

Last week, a vehicle crashed into a school bus sending both drivers to the hospital. The crash occurred near the intersection of Cincinnati-Daytona and Hamilton-Mason roads according to officials. One student ws riding on the bus at the time of the accident and was not injured,

No citations have been issued.

Originally posted at InjuryBoard by Chrissie Cole