Injuryboard Commentary - Crash

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

18-Year-Old St. Augustine Woman Killed in Crash

Eddie Farah — Fri, 04 Dec 2009 18:09:00 GMT

Condolences are pouring into the MySpace and Facebook pages of an 18-year-old young woman from St. Augustine, Florida who died earlier this week in a car crash.

Megan Elizabeth Bunn and another teenager were killed Sunday night when the truck they were riding in collided with an ambulance. It all happened on U.S. 1 near The Avenues Mall at about 8:20 p.m. Sunday evening.

Bunn was riding in the middle of the front seat in a friend’s Chevy Silverado, one of five people in the vehicle, none of whom wore seat belts. Suddenly their truck collided with an ambulance when it either pulled in front of the truck or the truck driver ran a red light. The Florida Highway Patrol is unsure at this time, but the ambulance driver says he did not have his lights on and was not speeding because had had dropped off the patient.

Bunn was pronounced dead at Shands Jacksonville. The driver of the truck, Michael Jason Linder, 19, was also pronounced dead at the hospital Monday night. The other front seat passenger, Shyenne Morgan, 17, of Jacksonville was in critical condition at Shands. The two passengers in the rear were in serious condition.

Our prayers go out to the families of the two young people killed. Bunn had left high school in 2006 and was in school to become a nurse. Linder had been arrested for car burglaries in St. Johns County, but hopefully was turning his life around. People say they felt blessed to know her.

Unfortunately, the Florida Highway Patrol responding to the scene said that beer was found in the Silverado. A toxicology test will determine if Linder was drinking.

While we have no idea of the alcohol level involved in this accident, traffic crashes occur every 12 seconds in the U.S. and are the number one cause of death among young adults. If you are 15 to 19, you are more likely to be killed in a car crash than any other way.

Alcohol, distraction and speeding all play a part.

If only the point didn't have to be driven home by the death of these irreplacable young people, but unfortunately, that is more likely to make an impact on survivors and their driving habits than any law or statistic.

Originally posted at InjuryBoard by Eddie Farah

Mother, 3 Children Hurt When Semi Truck Runs Stop Sign In Spaulding County, Georgia

Brett Emison — Fri, 04 Dec 2009 10:57:27 GMT

The Atlanta Journal-Constitution and WSB TV have reported that a Hampton, Georgia mother and her three children were seriously injured when they were struck by a tractor trailer that had run a stop sign.

A mother and her three kids were transported to area hospitals after being involved in an accident with a tractor-trailer in Spalding Thursday afternoon.

The incident occurred around 2:35 Thursday afternoon at the intersection of High Falls Road and North McDonough Road.

Cindy Lynn Fain, 38, of Hampton, was driving her Dodge minivan west on High Falls Road when Solomon Debela, 37, of Tucker, ran a stop sign and slammed into the passenger side of the van. Debela was traveling south on North McDonough.

Fain and her three kids, Landon Todd, 2; Jason Todd, 4 and Josieanna Arriaga, 5, were injured seriously in the crash, said Lt. Paul Cosper, Georgia State Patrol spokesman.

The children were airlifted to Children’s Healthcare of Atlanta at Egleston. Fain was transported to Spalding Regional Medical Center. Their conditions were unknown by Cosper and would not be released by hospital officials.

The accident is still under investigation, said Cosper. Debela has been charged with failure to stop at a stop sign, failure to obey a traffic control device and charged for driving a truck on a no-thru truck road.

Too many people have been killed by semi truck crashes and trucking accidents.

Nationwide, large trucks (known as tractor trailers, semi trucks, eighteen wheelers, diesel, big rigs, or commercial trucks) make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities. For example, in Missouri, semi truck crashes make up as much as 15% of traffic deaths. In Illinois, tractor trailer crashes cause more than 10% of traffic deaths.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

Visit our trucking accident web site to learn more about trucking accident safety or trucking accident investigation.

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

Originally posted at InjuryBoard by Brett Emison

NTSB Recognizes Need to Better Monitor Truck Driver Fatigue

Michael Phelan — Fri, 04 Dec 2009 01:00:00 GMT

Last month, Deborah Hersman , Chairwoman of the National Transportation Safety Board, spoke in Washington to the National Press Club and stated that every day over 100 Americans die in transportation accidents, mostly on our highways. After her speech, the Chairwoman turned her comments to truck accident prevention.

Chairwoma Hersman recognized driver fatigue as a major cause of truck crashes and called for Electronic Onboard Recorders (EOBRs) on all commercial trucks. Her rationale for this safety device is that NTSB "investigate accidents on a regular basis where we find two sets of log books [with one being false]." In other words, even the NTSB recognizes that fudging driver log books is a common practice to enable drivers to be on duty for more hours than is legally permitted. While not fool proof, EOBRs are harder to fudge than paper driver logs. Monitoring driver fatigue is an important safety issue.

As I discussed in a recent blog, none of these monitoring devices are of any use in civil litigation unless the evidence is preserved. The Federal Motor Carrier Safety Regulations permit trucking companies to destroy this evidence six months after the crash. That's why truck accident vicitims should consult an experienced truck accident lawyer as soon as possible. The first thing the lawyer should do is send a letter to the truck company and its insurance carrier demanding that all evidence from the truck and the scene be preserved.

Originally posted at InjuryBoard by Michael Phelan

Traumatic Brain Injury-What Family Should Be Looking Out For When Loved One Has a Closed Head Injury

John Cooper — Thu, 03 Dec 2009 13:44:46 GMT

A car accident can cause much more damage to drivers and passengers than the initial, visible physical effects seen by the police. Aside from broken bones and bleeding, many car crash victims suffer from traumatic brain injury, which can occur when a blow to the head, or jolt, forces the soft brain tissues against the hard inside of the skull. This can cause bleeding, the tearing of nerve fibers, or brain damage.

The symptoms of traumatic brain injury can vary from case to case, depending on the nature and severity of the blow or shaking, but the Mayo Clinic has listed some common symptoms of mild traumatic brain injury as:

A brief period of unconsciousness

Amnesia for events immediately before and after the injury

Headache

Confusion

Dizziness or loss of balance

Sensory problems, such as blurred vision, ringing in the ears or a bad taste in the mouth

Mood changes

Memory or concentration problems

For more severe cases of TBI, the symptoms are also more severe, including:

Persistent headache

Repeated vomiting or nausea

Convulsions or seizures

Inability to awaken from sleep

Dilation of one or both pupils of the eyes

Slurred speech

Weakness or numbness in the extremities

Loss of coordination

Profound confusion

Agitation, combativeness

TBI can be deadly if left untreated, which is why it is always important to seek medical treatment as soon as possible after you suffer any sort of blow to the head. Even if you have seen a doctor and they have determined that you do not have TBI, you should be sure to monitor your symptoms as time progresses, since microscopic tears in brain tissue can often develop into more severe conditions, and can often be missed in an initial examination.

Also, make sure that you are also conscious of the health of your friends and family members, since many people are too embarassed to seek medical treatment for a head injury after they've already been examined once. TBI is a serious condition, and no one should let shame or a lack of information stand in the way of their health.

Originally posted at InjuryBoard by John Cooper

Tiger Woods crashes within a golf shot of his Florida house; Most car accidents occur close to home.

Doug Landau — Tue, 01 Dec 2009 22:25:48 GMT

Even superstar athletes hit ditches, sand traps, cars and fire hydrants close to home. Car crash lawyer Doug Landau notes that many of his injured clients were struck by another motorist with a few miles of their home. The Florida Highway Patrol will cite golf champion Tiger Woods for careless driving but will not press criminal charges for his car crash outside his Florida home last Friday, according to the Associated Press.

The ticket will include a $164 fine and four points against his driver’s license. The police report includes the following details:

* Woods crashed his SUV into a fire hydrant and a tree at 2: 25 on the morning of Friday, Nov. 27, 2009.
* The airbags did not deploy.
* Woods’ wife, Elin Nordegren, told police she used a golf club to smash the back windows of the Cadillac Escalade in an effort to rescue her husband.

Most car crashes happen near home. Two thirds of road accidents occur within five miles of a motorist’s home. And, the survey showed, nearly a third of crashes happen less than a mile from home. Crashing into a parked car was the most common type of accident within a mile of a driver's home, the poll of 3,800 people also revealed. Just 5% of car accidents occurred 26 to 50 miles from home, and 6% at distances of more than 50 miles away.

Of the accidents closest to home, the most common cause after hitting parked vehicles was crashing while driving out of a minor road, followed by reversing into a vehicle and by hitting a wall. Research suggests that many drivers appear to be in a comfort zone when driving close to home on familiar roads, hence why such a large proportion of accidents occur there. It's so important to keep a full level of concentration when driving, whether you're just popping to the shops or starting or ending a longer journey. These results emphasize this even more.' As one who has represented innocent victims of careless drivers, Doug Landau understands how important it is to pay full time and attention to te operation of our motor vehicle to avoid a car wreck or other accident in your own neighborhood.

Originally posted at InjuryBoard by Doug Landau

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

Pair of Holiday-Weekend Accidents Result in Death, Injury

David Mittleman — Sun, 29 Nov 2009 20:16:28 GMT

Two young Lansing, Michigan residents fell victim to car crashes over the Thanksgiving holiday - a sobering reminder of the hazards of one of the busiest travel seasons of the year.

Christy Luckett, 30, died Thursday morning, one day after a two-vehicle crash at the intersection of Waverly Road and Phoenix Drive in Lansing. The driver and one passenger in the other vehicle were also treated for injuries. The collision is still under investigation.

Some 50 miles away in Oceola Township, Zachery Warren was injured when he swerved to avoid a pickup truck driven by Clem Plowman on M-59 in Livingston County. Warren, a 23-year-old Lansing man, is still receiving treatment at University of Michigan Medical Center in Ann Arbor.

Remember to use extreme caution when driving. Careful driving behaviors should be a year-long habit, but they become especially important during periods of heavy travel.

Originally posted at InjuryBoard by David Mittleman

Deadly "trailer sway" - the hidden dangers of RVs

Doug Landau — Sat, 28 Nov 2009 22:55:00 GMT

Trailer sway can be deadly. This phenomenon occurs when a "Recreational Vehicle" ("RV") is met by a crosswind, passing truck or other sideways wind source. Having driven an RV, Broadlands and Broad Run injury lawyer Doug Landau has experienced firsthand how difficult these large vehicle are to handle on the open road under windy conditions. "Even though I could see far down the road, it took intense attention and anticipation to safely drive the RV to Harpers Ferry, West Virginia with my kids in the back" the experienced traveler and trial lawyer noted.

Virginia RV crash injury lawyer Doug Landau notes that educating RV drivers about "trailer sway" can help prevent accidents and death on the roadways. Trailer sway is very difficult to bring under control, even if you do everything right. Taking the wrong action can quickly turn trailer sway into a deadly crash. One of the problems RV drivers encounter is that they are not advised about the hazards of trailer sway. RV salesmen do not give the innocent purchasers information on how they should react in the event of trailer sway. Yet an RV is often as big as a large truck and can cause devastation if not handled properly.

If you or someone you know has been injured by an out of control RV or motor home that had "trailer sway," please contact ABRAMS LANDAU, Ltd. or give us a call at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau