Injuryboard Commentary - Train

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

Lucky to be alive, train vs semi-truck

Steve Lombardi — Sat, 05 Dec 2009 09:01:05 GMT

A truck driver turned too tightly causing the wheels to get stuck in a culvert. Unfortunately, the truck ended up on the railroad tracks right in front of an oncoming train. The Nebraska State Patrol investigated and reported that the 63-year-old didn’t die but suffered injury including a broken leg. The man’s family informed the Ottumwa Courier his injuries were more extensive and included broken ribs and fractures to his vertebra.

In the train profession they are known as “near misses”.

http://www.youtube.com/watch?v=sc7XmX1ak2A

CRST is an Iowa company that hauls steel or so says its name. Here is a not-so-near-miss where one of their trucks gets clobbered by an oncoming train.

http://www.youtube.com/watch?v=MBcHr_hhDU8

Originally posted at InjuryBoard by Steve Lombardi

An Iowa train vs car wreck is such A Painful Case

Steve Lombardi — Tue, 01 Dec 2009 12:01:00 GMT

Join me this afternoon for a walk with James Joyce. This is to honor all of those people who die from collisions with trains at train-road-crossings in Iowa and around the nation. In some ways they are preventable but in other ways not so easily prevented. A Painful Case is a short story raising speculation of whether drink, depression or just distraction caused the woman to be out walking across the rails. It's really a wonderful story filled with raw emotions that undulate as if we are on a roller coaster ride at Rocky Point.

This is not unlike the emotions you will go through when trying a case. As prepared as you think you are, you will find out just how difficult it is to control your emotions as the trial unfolds. You do not control the trial so much as IT controls you. As one of my mentors said in response to my comments about my adrenaline level, "Steve in trial work you will experience the highest highs and the lowest lows. Learn not to get too excited about your wins or your losses." Mr. Dutton couldn't have been more accurate. So join James Joyce as he explores Dublin with Mr. James Duffey's not-so-simple life in Ireland, a trial of sorts.

http://www.youtube.com/watch?v=RYukNEZrzdU

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

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

Coal Train Coming, 19-year-old driver sits on tracks

Steve Lombardi — Sat, 28 Nov 2009 12:01:00 GMT

Was the death of Brianna Culp, the 19 year old who was hit by a coal train, a suicide? That is the question police are asking as they look into the accident that happened Sunday, October 11^th 2009. Miss Culp was a sophomore at Wesleyan College in Mount Pleasant and the BNSF spokesman Steve Forsberg said that they crew on the 135-car train reported the woman was sitting on the tracks and didn’t try to get out of the way. Police are waiting on autopsy results to help determine what caused the tragic death of this young lady.

What's missing in America? What's robbing the soul of our youth? Why the feelings of emptiness and lack of purpose? Where have these lost souls wandered off too?

http://www.youtube.com/watch?v=cWGNQIecbcc

Tennessee Ernie Ford

Join me this afternoon for this painful case involving suicide by rail train. It will be an afternoon with James Joyce.

http://www.youtube.com/watch?v=RYukNEZrzdU

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

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

Pastor, Wife Killed In Louisiana Train Accident

Brett Emison — Mon, 23 Nov 2009 10:07:30 GMT

WAFB has reported that Pastor Fanley Thomas and his wife, Florence, were killed at a railroad crossing in Le Moyen, Louisiana on Sunday morning on their way to church.

LE MOYEN, LA (WAFB) - A St. Landry Parish pastor and his wife died after authorities said a train slammed into their car Sunday morning.

Pastor Fanley Thomas and his wife, Florence, were killed at a railroad crossing in the town of Le Moyen, which is located in the northern part of the parish.

According to sheriff's deputies, the train hit the car on the passenger side, causing it to burst into flames.

Our thoughts and prayers go out to Pastor Thomas's family and congregation. This event is a tragic reminder of railroad crossing accident dangers and a call to action for all railroad companies to make their crossings safer. Railroad companies owe it to the public to make sure that no one dies in another train crash like this one.

There have been several tragic railroad crossing crashes in recent months -- many due to defects and problems with the crossings themselves.

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.

Relatives and extended church family of Pastor Thomas and his wife, Florence, are mourning their loss. Pastor Thomas just recently warned his community about the dangers of having a train crossing with no warning lights. Pastor Thomas will be missed by those who knew him.

"If you didn't meet this fellow, you missed a gem because he was one of the greatest people to walk the face of this earth," said Raymon Whitehurst, Thomas's brother-in-law.

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

Burlington Northern Santa Fe Railroad Starts “Officer on a Train” Safety Campaign

Randy Appleton — Sun, 22 Nov 2009 15:47:37 GMT

According to the Federal Safety Administration, around 2,000 people have died in the past decade in railroad collisions. These train accidents result from several factors such as; warning lights and signals failing to work properly, train conductors not following posted speed laws or failing to notify passing cars at upcoming intersections, or driver neglect.

As a personal injury attorney who frequently represents railroad accident victims I know first hand how traumatic a train collision can be. Fortunately so does the railroad giant, Burlington Northern Santa Fe.

Burlington Northern Santa Fe, or BNSF, is working with local law enforcement in select areas of the United States to promote driver awareness. The campaign, known as “Officer on a Train,” places a police officer on a train during its normal route. The officer then looks for drivers who do not follow railroad safety laws such as stopping behind the train tracks.

Right now the “Officer on a Train” safety campaign is working its way through Kansas (KS). Hopefully, the BNSF railroad will make a stop in North Carolina (NC) soon. However, North Carolina (NC) drivers can work to increase railroad safety awareness on their own. If you frequently travel across train tracks remember that train safety arms and warning lights can malfunction. Always look both ways and use extreme caution when traveling across the tracks. Never attempt to “beat the train” by speeding through a closing stop arm. These arms can get lodged on your vehicle causing you to be stuck on the train tracks while a train is approaching. Finally, if you car becomes stalled on train tracks always exit the vehicle. Do not remain inside the vehicle. A train can approach quickly and you may not have time to exit your car.

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.

Originally posted at InjuryBoard by Randy Appleton