Virginia Personal Injury Blog - Mass Transit (Airline, Cruise Ship, Train, Bus)

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

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

FAA system failure raises safety concerns

Emily Mapp Brannon — Thu, 19 Nov 2009 23:59:19 GMT

The system that failed is the behind-the-scenes communication network the Federal Aviation Administration uses to track flight times and paths, The New York Times reported.

Without it, The Times reported, airlines were forced to fax flight plans to the FAA, and then air-traffic controllers had to type the flight plans into the FAA computer manually.

Those flight plans usually include hundreds of numbers and letters, as well as the kind of aircraft, place of departure, and precise en route flight plan – checkpoints, altitudes, and more, The Times said.

A bad circuit board was blamed for the glitch, the Los Angeles Times reported. And while federal officials emphasized that passenger safety was never an issue – radars, radios and other critical systems continued to work – the failure raises yet more troubling questions about the FAA’s technology situation.

“The aviation agency’s data processing system has a variety of problems,” The New York Times said. “While it was hailed as a marvel when it was introduced decades ago, much of it is written in obsolete computer language and the agency has been slow to provide updates.”

Hartsfield-Jackson Atlanta International Airport in Atlanta was hit especially hard, with AirTran cancelling 30 flights and Delta Air Lines cancelling 54. Hundreds more were delayed, the Los Angeles newspaper said.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Three People Injured After Virginia Beach Plane Crashes in South Carolina

Jim Lewis — Tue, 10 Nov 2009 09:59:48 GMT

A multi-engine Beechcraft B200 King Air airplane crashed before arriving at the runway of Greenville-Spartanburg International Airport in South Carolina (SC). Three people were injured including the pilot and two individuals employed by Stevens Aviation, according to The Virginian-Pilot.

The pilot was employed by MTDR Holdings LLC, a Virginia Beach company which the airplane is registered with.

We dont know how badly the three men were injured, but I hope they pull through. As a licensed pilot, Ive always worried about the risk of a bad landing turning into a bad accident. Its terrible to hear when this scenario comes to fruition.

We know the plane hit a guardrail while trying to land, but further details regarding the accident havent been released. Well have to wait and see what the Federal Aviation Administration has to say in their accident report.

This isnt the first time this model airplane was involved in an aviation accident. Back in September a B200 crashed at Hayward Airport in California.

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 Jim Lewis

High-Speed Rail Plan Moves Forward for Southside Virginia (VA)

John Cooper — Tue, 10 Nov 2009 08:59:27 GMT

Taking cars off Hampton Roads highways is the surest way to reduce traffic congestion, increase driver safety and ensure that economic growth in the area extending from Suffolk to Williamsburg doesn't stall in the face of transportation problems.

Acknowledging that commuter rail is an essential solution to Tidewater's traffic tangles, the Hampton Roads Transportation Planning Organization on Oct. 30 unanimously approved a plan to create a high-speed rail line between Petersburg--south of Richmond--and downtown Norfolk. The HRTPO also considered a proposal to put tracks that would accommodate trains traveling at up to 110 mph on the Peninsula, between Richmond and Newport News, but determined that the Southside course made more economic and logistical sense.

A significant selling point for the Southside route was that high-speed train passengers could deboard at Harbor Park and transfer to the soon-to-open Tide light-rail line.

The HRTPO is made up of senior officials from all the cities in Hampton Roads, and its decision represents the first significant step toward securing a share of $8 billion in high-speed rail development money the Federal Railroad Administration will distribute next year. The proposal to construct a new passenger rail line that parallels Rt. 460 and an existing Norfolk Southern freight line now must pass through a state planning board and public comment period before being forward to the FRA.

The editors of the Virginian-Pilot on Nov. 9 praised the TPO's decision as "courageous." I wouldn't go that far, but I absolutely consider high-speed passenger rail is a necessity for Hampton Roads.

At least a year of debate remains, of course, and the region has no guarantee of receiving federal assistance for construction costs. Plus, even if construction begins in 2011, any high-speed rail service to Hampton Roads might not begin until 2015. A delivery on promise of reduced traffic, safer roads and continued economic health will be worth the wait, however.

The best part to me of this news was the baby step toward cooperation among the cities in Tidewater. It was great that the mayor of Hampton helped a regional plan get made. As someone who lives in Norfolk but works in Virginia Beach, I can never understand why the leaders in Hampton Roads cannot get its act together to help solve traffic problems.

EJL

Originally posted at InjuryBoard by John Cooper

Rail Operators Shift to Opposing Safety Upgrades for Being Too Costly

Randy Appleton — Tue, 27 Oct 2009 12:03:36 GMT

Federal rules due to become final before the end of 2009 will require freight, passenger and commuter rail operator to install safety systems along their tracks that automatically slow or shut down trains when they get too close to each other. The systems, known as positive train control, are particularly effective at preventing moving trains from crashing into trains stopped or traveling on tracks ahead.

While a positive train control system did apparently fail with tragic results outside of Washington, DC, earlier this year, rail operators across the country initially appeared willing to put the systems in place when the U.S. Federal Rail administration drafted rules to require positive train control. Now, as reported by the Wall Street Journal, Amtrak, Burlington Northern and Santa Fe and the American Public Transportation Association, which represents subway and light rail networks, say making the safety upgrades will cost too much.

Twenty-year installation, testing and maintenance cost estimates for positive train control systems range as high as $24 billion. That’s a lot of money. But what price could be placed on the lives the safety systems will undoubtedly save? Or on the pain, disabilities and loss of work and wages people not injured in railroad accidents will not have to suffer?

My colleagues and I specialize in representing people injured while working or traveling on trains. We have seen too often how lives are shattered or lost in accidents that could have been prevented. Rail operators should comply with federal requirements for putting positive train control system in place despite temporary reductions in profits.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, including The Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Federal Railroad Administration - Railroad injuries statistics down, but deaths increased:

John Cooper — Mon, 26 Oct 2009 14:23:19 GMT

Railroad workers are hard working individuals, in a physically demanding and strenuous job. Although there is a belief that unsafe and poor work conditions are a "occupational hazard," no one should have to work under less than safe conditions. Railroad workers are a group of employees protected under the Federal Employers Liability Act, or the FELA, which was enacted in 1908. This act protects employees from unsafe work conditions, and fellow-employee or employer negligence. Railway workers are faced with long hours, inadequate help, poor job site maintenance, and other possibly unsafe conditions that could cause injury, accidents, and even death.

Railway employees work with many different kinds of equipment, varying in age and state of repair. Employers must provide their workers with adequate equipment in good repair, many railway workers are faced with employers that do not wish to purchase new equipment which may risk injury to the employees that are forced to use outdated machinery and tools.

Railway workers are also constantly stretched on employee staffing and work hours. The railway industry is constantly busy and running at all times of the day. As a result of this, there are time crunches to finish jobs with the employees available. With the current economic crisis, many employers are reducing their staffing as well in order to save on payroll. These furloughs or layoffs sometimes force employees to work alone on jobs that should be done by multiple people. As a result, mistakes and dangerous work behavior can arise.

In fact, railway injuries and deaths are currently on the rise, at a time that many industries have declining injury rates. In 2008, the Federal Railroad Administration which maintains statistics on the railway industry reported that there were approximately eleven thousand injuries in the first eleven months of the year.

For more information on railway injuries and railway injury law, please visit the website of Shapiro, Cooper, Lewis and Appleton, a firm with a rich history of railway injury advocacy for folks hurt on jobs on the tracks. (http://www.hsinjurylaw.com/practice_areas/railroad-accidentsinjury-occupational-injuriesdiseases.cfm) If you, or someone you know has been injured as a railway employee, please do not hesitate to contact someone who can represent you properly and make sure you receive the compensation you deserve.

Originally posted at InjuryBoard by John Cooper

Rail Operators Failing to Maintain Safe Crossings

Randy Appleton — Sun, 18 Oct 2009 14:01:53 GMT

Last Wednesday, a Minnesota (MN) Washington County Court judge affirmed a $21.6 million jury verdict against rail operator Burlington Northern Santa Fe Corp. for failing to maintain a safe railroad crossing. The judge also assessed $4 million in penalties against BNSF for destroying evidence in the case and for paying unqualified individuals for supposedly expert testimony.

BNSF had been defending itself against civil charges that its neglect of crossing safety led to the deaths of 17-year-old Bridgette M. Shannon and of Brian L. Frazier, Harry J. Rhoades Jr. and Corey E. Chase in Anoka, Minnesota on the night of Sept. 26, 2003. Each of the young men were 20 years old when the car they and Shannon were in was struck by a freight train traveling through a crossing where gates to block cars and trucks was not working.

Citing court documents, a Star Tribune article listed the following actions as BSNF’s “biggest blunders” in presenting it unsupportable defense:

Destroying a laptop that contained data about the train’s speed and the crossing signal procedures.
Losing or destroying a computer disk containing train and signal performance information.
Failing to inform inspectors and plaintiffs that it knew of signal problems.
Destroying records of track work at the crossing.

Railroad crossings should to be clearly marked, and train operators must ensure that any installed crossing gates and warning bells and lights are maintained in proper working order. Also, while not required, it is advisable that active tracks have gates at crossings and that crossings be cleared of anything that can obstruct a driver’s, pedestrian’s or train engineer’s vision. Failure to meet to follow safeguards caused a collision between a freight train and a car as recently as this weekend.

The Toledo Blade reported Sunday morning that Chris Butler and his son his, Craig Chadwick, died when their car struck a Norfolk Southern freight train as it crossed a long, private gravel driveway in the town of Delta, Ohio. Neither Ohio nor federal laws requires trains to blow their whistles when they cross private roads or paths, and the crossing where Butler and Chadwick were killed is marked only with stop signs and “Private Railroad Crossing” signs. A large shrub blocks the view down the tracks in one direction.

Having represented victims of railroad accidents since the 1980s, I know too well how important clearly marking and safely maintaining railroad crossings are. Judgments such as those in the BNSF case go some way toward ensuring railroads keep crossings safe, but the tragic accident in Ohio should remind everyone that much progress remains to be made.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as the Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJLOriginally posted at InjuryBoard by Randy Appleton