Injuryboard Commentary - attorney

Toyota Sudden Acceleration Recall: Investigators Can't Rule Out Electronic Problems

Brett Emison — Tue, 08 Dec 2009 15:29:42 GMT

The Los Angeles Time has reported that investigators from the San Diego County Sheriff's Department could not rule out electronic or mechanical problems in the deadly unintended acceleration crash that killed a California Highway Patrolman and three others.

The high-speed crash of a Lexus ES 350 that killed an off-duty California Highway Patrol officer and his family Aug. 28 may have been caused by the car's accelerator pedal becoming trapped by a rubber floor mat, but a range of other possible electronic or mechanical problems could not be ruled out, investigators for the San Diego County Sheriff's Department have found.

The crash, which killed CHP Officer Mark Saylor, his wife, daughter and brother-in-law, has led to the recall of more than 4.2 million Toyota and Lexus vehicles to fix what federal safety regulators have called "a very dangerous problem" involving the amount of clearance between the gas pedal and the rubber floor mats.

But the inquiry leaves open a number of questions about the cause of the accident and the role floor mats have played in more than 1,000 reported acceleration events across the nation in the last eight years. The investigators' 61-page report also raises the possibility the Saylor crash was preventable.

Toyota denied that it even had a sudden acceleration problem for more than five years. Even when Toyota acknowledge there could be a problem, it did so by making "inaccurate and misleading" statements about the safety of Toyota vehicles and received a strong public rebuke from the regulators at the National Highway Traffic Safety Administration (NHTSA).

The findings from the independent investigators at the San Diego County Sheriff's Department further bolster the findings of independent safety experts that the Toyota electronic throttle -- not floor mats -- is to blame for these unintended acceleration events.

And in the key finding about the cause of the Saylor crash, the sheriff's report hedged its conclusion, saying, "There is an indication [the incorrect floor mat] may have caused a sudden acceleration event." Investigators cited two associated factors, the lack of a key that could readily turn off the engine and brakes that "failed" because of prolonged heavy braking.

But the report further hedged it findings, saying: "Due to the catastrophic damage . . . other avenues of unintended acceleration could not be explored. Beyond the all-weather floor mat, other and/or additional factors causing a sudden acceleration event (re: electrical, mechanical or computer generated) should not be ruled out."

Independent safety expert, Sean Kane, of Safety Research & Strategies, has identified more than 2,100 Toyota sudden acceleration events. Many of these events occurred in vehicles with no floor mats at all.

Consumer Reports also confirmed that many of the sudden acceleration events occurred in vehicles with no floor mats. "There was something else, outside the cabin, that was causing the problem."

After ignoring this problem for more than five years, Toyota's accelerator problem has been in the spotlight for several months after an August collision involving an out-of-control Lexus ES (made by Toyota) in San Diego County that killed four people, including an off-duty California Highway Patrol officer.

That collision and public outcry led Toyota to finally recall more than 4 million vehicles. While Toyota initially tried to blame the accelerator troubles on a floor mat issue, it became evident that this was not simply a floor mat problem. Independent safety experts continue to point to Toyota's electronic throttle controls, not the floor mats, as the source of the sudden acceleration defect.

Fueling criticisms of Toyota's electronics and electronic throttle controls, the National Highway Traffic Safety Administration (NHTSA) just announced an investigation into nearly 400,000 additional Toyota vehicles because of engine stalling related to the vehicle computer.

Why did it take Toyota more than five years to even acknowledge this problem? Why did Toyota put its head in the sand when it came to problems with its electronic throttle controls? Did Toyota think it didn't have to play by the same rules as the rest of us? How many deaths does it take for Toyota to do the right thing?

Until Toyota finally creates a solution that actually fixes the problem, all Toyota drivers must be prepared. You can learn how to stop your vehicle if it experiences the sudden acceleration problem at this post.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Toyota Recall Won't Fix Accelerator Problem

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

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

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration: Consumer Reports Says Toyota Has Most Unintended Acceleration Complaints

Brett Emison — Tue, 08 Dec 2009 10:56:46 GMT

Several news sources, including The New York Times, the Los Angeles Times, and the Kansas City Star, have reported that Toyota received far more complaints of sudden acceleration than any other car maker.

Toyota’s unintended acceleration problem just won’t go away. Now Consumer Reports takes a look at complaints of unintended acceleration from owners of 2008 models. And the publication found that 41 percent of the complaints, filed with the National Highway Traffic Safety Administration, came from Toyota owners.

Given all the attention Toyota has been getting for the unintended acceleration issue, that statistic is not surprising. But what was surprising was that Ford had 28 percent of the complaints.

While Toyota owners registered the most complaints of unintended acceleration, Toyota was not alone. Ford received more than a quarter of sudden acceleration complaints.

“What really stood out to me is – and this isn't I guess surprising — that Toyota is not the only one that has these problems,” said Jeff Bartlett, deputy online autos editor for Consumer Reports. “I know a lot of attention has been on Toyota and whatever the causes are and they may be unique to their product, but they are not unique in having these types of problems.”

Consumer Reports also confirmed that many of the sudden acceleration events occurred in vehicles with no floor mats. "There was something else, outside the cabin, that was causing the problem."

The Consumer Reports study analyzed only 56 complaints of Toyota sudden acceleration. However, independent safety expert, Sean Kane, of Safety Research & Strategies, has identified more than 2,100 Toyota sudden acceleration events.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Toyota Recall Won't Fix Accelerator Problem

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

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

Originally posted at InjuryBoard by Brett Emison

Yaz / Yasmin / Ocella Side Effects: Bayer Profit Grows In Spite of Deadly Side Effects

Brett Emison — Mon, 07 Dec 2009 11:20:48 GMT

Industry site, bnet.com has reported that Bayer's profit from Yaz and Yasmin continues to grow in spite of serious -- even deadly -- side effects including heart attack, stroke, pulmonary embolism, deep vein thrombosis and gallbladder disease.

Bayer’s Yaz and Yasmin contraceptives appear to be recession- and scandal-resistant superbrands, if recent reports are to be believed. Bayer hit back at a German newspaper that reported the company was cutting back on pill production due to decreased demand.

***

But Bayer said the report was wrong:

“Revenue from our Yasmin product family continues to rise as planned,” a Bayer spokesman told Reuters on Sunday.

Yasmin is Bayer’s best-selling pharmaceutical product group. In the first quarter of 2009, Bayer reported sales of 319 million euros ($443.2 million) for the Yasmin range, a 7.4 percent year-on-year gain.

Those sales gains came despite the FDA forcing Bayer to spend an extra $20 million on “corrective” advertising to rebuff claims the company previously made that Yaz cures acne and PMS (it doesn’t).

Bayer continues to increase its profits at the expense of thousands of young women across the country. Bayer needs to be held accountable for putting profits and money over safety and lives. Why doesn't Bayer have to follow the same rules as everyone else?

If you or I put out a product that killed people, we would be held accountable. Why hasn't Bayer been held accountable? How many young women must suffer a heart attack or stroke before Bayer finally learns its lesson? Bayer's lesson will be learned only after it loses what it values most . . . money.

Why Are Yaz / Yasmin / Ocella So Dangerous?

Popular birth control pills, Yaz, Yasmin and Ocella, have been linked to serious and potentially deadly side effects. This deadly side effects affect women of all ages, including teens and young women.

Yaz, Yasmin and Ocella have been linked to serious side effects, such as heart attack, stroke, pulmonary embolism (PE), deep vein thrombosis (DVT), gallbladder disease and sudden cardiac death.

Despite these serious side effects, Bayer marketed these drugs to young women not only as a contraceptive, but to relieve symptoms of severe PMS and as an acne fighter.

The FDA reprimanded Bayer late last year for overstating the benefits and downplaying the risks of Yaz in television advertisements. The slogan for Yaz was "beyond birth control."

Bayer marketed Yaz to women in their 20s. Commercials cultivated a hip, youthful image set to rock music, and advertised Yaz as a treatment for acne and premenstrual syndrome (PMS).

The FDA called Bayer's advertisements "misleading" and reprimanded Bayer in a number of official FDA letters. Bayer's conduct was so egregious that the FDA ordered Bayer to run a $20 million "corrective" ad campaign.

"I can't think of anything even remotely as large scale as this corrective advertising," said Michael A. Santoro, an associate professor of business ethics at Rutgers University.

In August, the FDA again warned Bayer about poor quality control at a German plant that makes Yaz's key ingredient -- drospirenone.

How Does Yaz / Yasmin / Ocella Cause Such Serious Side Effects?

Yaz and Yasmin contain the chemical, Drosperinone, which acts as a diuretic and causes fluid loss. This fluid loss decreases sodium in the blood and increases potassium. This imbalance causes irregular heartbeats and blood pooling, resulting in heart attacks, blood clots and stroke.

What Can I Do If I Have Experienced A Yaz / Yasmin / Ocella Side Effect?

Our firm has teamed up with the very best trial lawyers in the country to litigate Yaz and Yasmin lawsuits in the Multi-District Litigation (MDL) pending in the Southern District of Illinois, near St. Louis.

In fact, one of our team, Mark Niemeyer of Onder Shelton O'Leary & Peterson, LLC, is one of only three in the country to be selected by the Court to act as co-lead counsel for these Yaz and Yasmin cases.

"My role in this MDL is simply a reflection of the commitment of all us . . . to the women or families of women who suffered grave heath consequences after taking Yaz or Yasmin and just how seriously we take all our cases," said Mr. Niemeyer.

You can contact our team for a free case evaluation.

What Is An MDL? How Does An MDL Effect My Case?

You can find out more about MDLs and how they work at this recent post.

An MDL is like a class action, but with important differences. Instead of only one "case" (like in a class action), each plaintiff in the MDL maintains his or her own claim. However, because of many areas of common interest, the thousands of cases are consolidated for much of the pre-trial work up. For example, all of the cases filed in federal courts across the country will be transferred and consolidated in front of a single trial judge. The trial judge will appoint certain attorneys to represent all of the plaintiffs for various issues during pre-trial work up, such as discovery (fact-finding), motions, and scientific testing.

Lead counsel for the MDL is appointed by the trial judge. This small group of attorneys (for the Yaz MDL, there are only three attorneys appointed as co-lead counsel) will manage all of the pre-trial work up of all cases (potentially thousands) within the MDL.

If you file your Yaz or Yasmin claim in federal court, the three co-lead counsels -- including Mark Niemeyer of our team of attorneys -- will manage the work up of your case until trial.

Who Are Members Of This Team Of Attorneys?

The Onder Law Firm, based in St. Louis, Missouri has a track record of success and results for their clients in pharmaceutical litigation, personal injury claims, class actions and multi-district litigation (MDLs). Other lawyers across the country seek the firm's experience and expertise on complex litigation in specialty areas like dangerous drug cases.

Langdon & Emison, with locations in Chicago, St. Louis and near Kansas City, is one the country's premier trial firms, successfully taking on the largest corporations in the country. Langdon & Emison fought General Motors to the United States Supreme Court. . . and won. Baker v. General Motors held that corporations could not buy the silence of their employees and is taught in law schools across the country. The lawyers at Langdon & Emison actually try cases and have built a reputation for getting results for their clients with total recoveries of more than half a billion dollars. You can learn more by visiting Langdon & Emison's safety blog or profile.

Standly Hamilton, based in Dallas, Texas, litigates cases involving important social issues, dangerous pharmaceutical drugs, catastrophic personal injury, and wrongful death.

Learn More

You can learn more about the serious side effects of Yaz, Yasmin and Ocella and find out what to do if you or a loved one have suffered any of these dangerous side effects at this Yaz/Yasmin/Ocella informational and safety web site.

Originally posted at InjuryBoard by Brett Emison

Slim-Fast® Ready-to-Drink Products in Cans Recalled Due to Possible Health Risk

Paul Napoli — Mon, 07 Dec 2009 11:12:25 GMT

December 4, 2009

Unilever United States, Inc. of Englewood Cliffs, NJ, in cooperation with the U.S. Food and Drug Administration (FDA), has voluntarily recalled all Slim-Fast® Ready-to-Drink products in cans due to the possibility of contamination with the microorganism Bacillus cereus.

People infected with food borne Bacillus cereus experience diarrhea, abdominal cramps, nausea and occasionally vomiting within 1/2 hour to 15 hours after consumption of contaminated food. Symptoms persist for 24 hours in most instances.

All Slim-Fast RTD (Ready to Drink) products in cans, regardless of flavor, Best-By date, lot code or UPC number are recalled. The products are packaged in paperboard cartons that contain four; six or 12 steel cans of 11 FL OZ (325 mL) each and distributed nationally. Certain retail outlets also sold individual cans.

Unilever United States, Inc. initiated the recall after it conducted quality testing on Slim-Fast RTD products in cans. The company is in the process of identifying and correcting the production issue and will resume production and shipment of the product when the issue has been addressed and corrected.

Consumers who have purchased Slim-Fast® RTD products in cans are urged to discard them immediately and contact the company at 1-800-896-9479 for a full refund. The Consumer Services Center is open Monday – Friday, 8:30 AM – 6:00 PM ET.

If you or someone in your family has suffered adverse reactions resulting from a food or drug product, please contact the experienced attorneys at Napoli Bern Ripka, LLP by calling 1-888-529-4669. You may be entitled for compensation for your injury, medical expenses or a loved one’s death.

Originally posted at InjuryBoard by Paul Napoli

Two Killed In Accident When Semi-Truck Fuel Tank Explodes

Brett Emison — Mon, 07 Dec 2009 10:18:50 GMT

NBC affiliate KJRH has reported that the driver and passenger of a tractor trailer were killed in an accident on I-44 near Tulsa when the fuel tank of the semi ruptured and exploded.

A semi erupted into flames on I-44 and 33rd W. Avenue Sunday morning. The driver and passenger of the semi died at the scene.

Gornwiga Nation lives near I-44 and 33rd W. Avenue in west Tulsa and caught the fiery accident on tape.

She describes the scene as a giant fire ball.

"You can see from the video my hand was shaking," said Nation

***

"We were hoping to help somebody, but the fire, it was just scary," said Hudson. "It was like the most scariest thing I've ever seen in my life."

Our thoughts and prayers go out to the family, friends and communites of those killed in this tragic event. Saddly, I suspect these deaths did not need to occur.

Car and truck manufacturers have recognized for years that vehicle occupants should be be killed by a vehicle fire if they survive the initial collision. The same is true for semi trucks.

Unfortunately, manufacturers often cut corners when designing and developing fuel systems. In tractor trailers, the onboard fuel -- diesel fuel -- is not nearly as volatile as ordinary gasoline. In fact, you can put out a match, by dunking it diesel fuel. Doing the same thing with gasoline would cause a violent explosion.

Many semi truck manufacturers place the fuel tanks in unguarded locations -- outside of the frame rails and exposed where minor collisions can rupter the tanks. More troubling, many semi truck manufacturers place cans of ether or other accelerants only inches from the unprotected fuel tanks. If both the ether can and fuel tank are ruptured, there is a high probability of explosion and massive fire.

It's time to hold these manufacturers accountable for such dangerous designs. You can learn more about fuel fed accidents and causes at our web site or at this recent blog post.

Become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Injury severity has the most effect on workers' compensation payouts, not attorney fees

Doug Landau — Mon, 07 Dec 2009 01:27:00 GMT

The severity of injury and level of impairment -- not the workers' legal fees -- have the most effect on payout for workers' compensation claims among Illinois construction workers, researchers at the University of Illinois at Chicago School of Public Health have found. The research is published in the November issue of the Journal of Occupational and Environmental Medicine. journals.lww.com/joem/pages/default.aspx

The study uses workers' compensation data to quantify the actual amount of money spent on claims. The researchers identified specific factors associated with cost, such as age at the time of accident, weekly wage, fatality, attorney representation, number of body parts injured, and the severity of injury. Demographic data was also obtained for workers filing claims, including sex, marital status, number of dependents, and place of the accident.

The study evaluated 19,734 claims filed with the Illinois Workers' Compensation Commission between 2000 and 2005. Such claims are filed when an employee and employer are unable to resolve compensation for an injury independently. There were 1.21 construction claims per 100 Illinois construction workers. The study also found that those injured workers who had a lawyer helping them received more in compensation than those representing themselves, after controlling for all other variables. "The discussion that workers retaining attorneys are driving up costs always surprises me," said Lee Friedman, assistant research professor of environmental and occupational health sciences at UIC and lead author of the study.. "There has never been a discussion about employers retaining attorneys, which they almost always do. The discourse has always been one-sided." Indeed, the amounts an insurance company or employer can pay its lawyers is not reviewed by the Workers Compensation Commission in any state Herndon injury lawyer Doug Landau practices in and there is no limit to what these large firm lawyers can charge to defeat an injured worker or their family's claims. This disparity in the law is almost never discussed in the press. What is worse, says Landau, is that the insurance lawyers are paid, "win, lose or draw" on an hourly basis, unlike the disabled workers lawyer, who is usually paid on a contingent fee basis, "which means they are only paid for their efforts if they win or are otherwise successful on their clients' behalf." The insurance defense lawyers have little incentive to resolve the issues quickly and the more hours they bill, the more money they make for their law firms and themselves. this is one of the reasons that Virginia should enact laws to counter bad faith workers compensation claims handling and delay tactics. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

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

Why are Medical Bills so High?

Jon Lewis — Sat, 05 Dec 2009 13:49:34 GMT

Did you know that hospitals and physicians rarely ever receive the amount they charge for their services? Health insurance companies do not pay the actual bills invoiced by medical professionals. Why is that?

We had a client who was injured in a truck collision. His injuries were serious enough to warrant several nights in the hospital and a couple of surgeries. What were his medical bills? Approximately $72,000.00. What did the hospital and physicians get paid? $11,714.01, approximately 16% of the amount billed.

If you had a retail store, would you accept 16% of your prices? Why do hospitals and doctors? Are they over-charging, or are they getting paid too little?

What if you don't have health insurance? What happens then? Well, I can tell you that I handled collections for a hospital about 13 years ago, and if patients came in for emergency treatment and didn't have insurance, we sued them for the full amount, not 16%. Why do private pay individuals have to pay the full amount? I understand why health insurers receive a discount, but an eighty-four percent (84%) discount? What if Bill Gates doesn't want to get health insurance? He can pay any amount billed so why doesn't he receive the same discount as a company like BlueCross?

Is this a form of fraud or misrepresentation? In Alabama, BlueCross BlueShield has such a monopoly on health insurance that they dictate to hospitals and physicians what they can charge for their services. Many doctors speak poorly of BlueCross BlueShield as a result of their influence. Some won't even accept their rates as a result. Should the health insurance companies be setting the rates for medical treatment? Is that capitalism?

I don't have the answers to all these questions, but I think they need to be discussed, especially in light of healthcare reform. What are your thoughts?

Originally posted at InjuryBoard by Jon Lewis

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

Injuryboard Commentary - attorney

Toyota Sudden Acceleration Recall: Investigators Can't Rule Out Electronic Problems

Toyota Sudden Acceleration: Consumer Reports Says Toyota Has Most Unintended Acceleration Complaints

Yaz / Yasmin / Ocella Side Effects: Bayer Profit Grows In Spite of Deadly Side Effects

Slim-Fast® Ready-to-Drink Products in Cans Recalled Due to Possible Health Risk

More Toyota Problems: Government Investigates Toyota Stalling Problems

Two Killed In Accident When Semi-Truck Fuel Tank Explodes

Injury severity has the most effect on workers' compensation payouts, not attorney fees

More Details In Deadly Diggins, Missouri Train Crash

Why are Medical Bills so High?

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