There was a recent article in the local newspaper concerning Norfolk Southern Railway Company conducting a special train ride carrying one hundred people in two passenger cars behind a locomotive, to help these people understand rail safety and the dangers of railroad crossings. However, Norfolk Southern Railway Company and "Operation Lifesaver", a non-profit group, have been accused of trying...
The Federal Rail Safety Act (FRSA) was enacted by Congress in the 1970's to improve nationwide railroad safety, and to make sure uniform laws applied to essential railroad safety for trains travelling through multiple states. The idea was that individual states could not enact a hodge podge of different safety rules on basic transport of freight or as to how the railroad track was to be...
Per the Federal Railroad Administration's Web site, there have been 10 reported accidents involving trains and motor vehicles at public and private crossings in Virginia through the first three months of 2006, assuming that the statistics are correct. There have been more since March 2006 in Virginia. As rural development and new roadways cross railroad tracks, inevitably there are increased...
Everyone knows the story of Jeffrey Wigand, "the insider" who blew open the truth about the tobacco industry "conspiracy" of silence relating to cancer and diseases caused by tobacco. But have you ever heard of David Nelson, the railroad industry "insider" who blew the whistle on CSXT's rail crossing billing "over-charges" to the federal government? Nelson also unloads the truth about little...
Norfolk Southern Railway Company and other major Railroads are always patting themselves on the back about their safety records. The railroad industry has historically been one of the most dangerous occupations in America. As a result of the dangers, a separate federal law covers railroad workers who get hurt on the job called the Federal Employers' Liability Act (F.E.L.A.). When a railroad...
As current chairman of the Association of Trial Lawyers of America's "Railroad Law Section" I have closely followed the argument by the nation's railroads that adding simple stop signs to highway grade crossings makes them safer, reducing the risk of injuries or deaths. The railroad arguments seemed logical to me--at least initially. Why wouldn't making all drivers stop at...
A Canadian Pacific Railway train derailed in January 2002 near Minot, North Dakota, spewing anyhydrous ammonia from tankar cars, causing extensive property damage and personal injuries. First, the federal district court certified a class action. The Court lowered the boom later. On March 6, 2006, the U.S. District Court threw out every count of a plantiff's Class Action (D. N.D) finding...
There are several categories of railroad injury related cases. First, a federal law, the Federal Employer's Liability Act (FELA), gives rail workers the right to sue their railroad employer directly for injuries suffered on the job--this law trumps workers compensation entirely. Accidents and serious injuries do happen, and many are caused by the fault or negligence of a railroad in ways that...
It looks like lawmakers in Lebanon Township, PA, may want to look into installing better safety measures at a railroad crossing where there have apparently been three train accidents in eight months.Cynthia Dunlap was hit by a train traveling 38 MPH in a 50 MPH train zone. According to witnesses, she was thrown from the driver side window of her car but was conscious when police arrived on the...
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