Train Accidents | Alan Goldfarb, P.A.

Train Derailment Victims Square Off Against Amtrak

Jay Butchko — Wed, 23 Oct 2019 17:18:27 +0000

Earlier in September Amtrak faced the first set of victims in the DuPont train derailment in court. Two years earlier, an Amtrak train flew off the tracks while taking a dangerous turn at twice the speed limit. While this may not be apparent to those who don’t understand how commuter or delivery trains operate, trains have speed limits, especially when doing turns or in areas where the tracks aren’t as new as they could be. The engineer and conductor are responsible for knowing these speed limits and abiding by them. When they fail, derailments happen and these can kill or injure hundreds of passengers or create environmental catastrophes.

This particular crash killed three people and injured 65 others both on the train and on the interstate below.

National Transportation Safety Board Conducts Investigation

When an Amtrak train derails, the investigation is usually done by the NTSB (National Transportation Safety Board). In this case, the NTSB concluded that the engineer failed to see a sign to slow down and took the turn too quickly resulting in the derailment. The turn was supposed to be taken at 30 mph, but the engineer was doing 70 when the train took the curve. While the engineer appears fingered for blame in this case, the NTSB stopped short of blaming him, saying that he was “set up to fail”. Attorneys for the plaintiffs agree. They described the accident as “not an accident but an accident waiting to happen.”

Understanding Amtrak Lawsuits

Amtrak is a privately owned company that is also funded by the federal government. Claims against Amtrak are unique because it’s corporate structure is unique. Amtrak was created in 1971 to take over for the U.S. commuter rail system. Because of its link to the federal government, Amtrak is “too big to fail” and is thus not subject to market competition. This creates, for many onlookers (and passengers) an accountability problem that leads to tragedies such as the one mentioned above.

When Amtrak was first created, the idea was that eventually Amtrak would become self-sufficient and not require government money. Alas, that never happened, partly because of institutional problems within the organization itself. When Amtrak finds itself in trouble and facing multi-million-dollar judgments for its negligence, it simply goes to Congress and asks for more of your hard-earned tax money. If they were a truly private company, they would have to consider their bottom line in terms of potential injury settlements as part of their business model. Amtrak doesn’t.

This creates a second problem for Amtrak accident victims: Amtrak doesn’t care how many derailments they have because they can always beg for more money and will never face the heat of a serious financial setback. It gives Amtrak extraordinary negotiating power in lawsuits filed by victims.

Talk to a Miami Personal Injury Attorney Today

If you’ve been injured by an act of negligence, the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. will be happy to litigate your case on your behalf. Talk to us today for a free consultation.

Resource:

q13fox.com/2019/09/02/dupont-train-derailment-victims-take-amtrak-to-court/

https://www.goldfarbpa.com/royal-caribbean-chases-off-bad-guacamole-lawsuit/

FMCSA Opts to Capitulate Rather Than Regulate

Jay Butchko — Thu, 07 Sep 2017 18:20:26 +0000

The Federal Motor Carrier Safety Administration (FMCSA) announced they are no longer going to pursue a proposed regulation that would require testing for sleep apnea, a disorder that has been cited for contributing to the cause of deadly railroad accidents and commercial trucking accidents.

The FMCA based its decision not to regulate on the preference for letting trucking companies and large railroads make an internal decision on whether to test for sleep apnea. This is alarming since one railroad took it upon itself to test employees and discovered that nearly 12 percent of its

engineers have sleep apnea, according to scpr.org.

Serious Safety Risk to Have Truck Drivers and Train Operators Struggling with Sleep Apnea

Sleep apnea is a major safety issue for the transportation industry because drivers, engineers, conductors, etc. who are afflicted may wind up dozing off in the middle of the day. This is because they are repeatedly awakened and robbed of much-needed sleep as their airway closes and their breathing stops.

The National Transportation Safety Board (NTSB) announced that it was “disappointed” by the decision to scrap this important public safety regulation. A spokesperson for the NTSB revealed that sleep apnea has been attributed to at least ten deadly accidents on railways and highways investigated by the NTSB over the past 17 years. The NTSB has been advocating for sleep apnea testing for railroad engineers after discovering that a Metro-North engineer fell asleep at the controls of a train in 2013 resulting in the death of four innocent lives. It was discovered that he had an undiagnosed case of sleep apnea.

Most railroad companies require train engineers undergo vision and hearing testing every three years, at the very least. Some railroads also require the completion of an annual physical. However, there are currently no federal regulations governing in-depth medical examinations of railroad engineers.

Trucking Accidents on the Rise

The number of commercial trucks on roads and highways has only increased as the economy has improved falling a steep decline stemming from the 2008 financial crisis. Approximately 3,852 people were killed in commercial truck accidents in 2015. This represents a 22 percent increase when compared to fatal truck accidents in 2009.

Hold Trucking and Railroad Companies Responsible in Court

If federal regulators are opting to capitulate and not regulate, one way to hold these companies responsible for failing to test for relevant health conditions is in the courtroom. If you or a loved one was seriously injured in a commercial truck accident or railroad accident, contact an experienced Miami personal injury attorney. Filing a claim against the company and holding them accountable in court will send a signal that these companies need to place a priority on public safety and mandate testing for sleep apnea and other serious health conditions.

Speak to an Experienced Miami Personal Injury Lawyer Right Now

The seasoned and skilled trial attorneys with the Miami office of Alan Goldfarb, P.A. are here to help you and your family. We work tirelessly to hold negligent corporations accountable for their reckless or callous actions that resulted in bodily harm to you. Contact our office today to schedule a free case review.

Resources:

scpr.org/news/2017/08/08/74451/us-nixes-sleep-apnea-test-plan-for-truckers-train/

cbsnews.com/news/feds-scrapping-sleep-apnea-testing-plan-for-truckers-train-engineers/

Train Derailment Near Port Everglades

Jay Butchko — Wed, 14 Sep 2016 13:15:37 +0000

Port Everglades was the site of a train derailment recently, when nearly half of its rail cars ran off the tracks. The rail cars were not carrying passengers, though, but instead were liquid tankers hauling ethanol. A potential disaster was avoided, however, as the tanker cars did not turn over and nothing was spilled. In what can be described as a fortunate unfolding of events, if not a miracle, even though a small fire broke out due to track friction, not one person was injured.

Injury-Free Derailment Not The Norm

Without a doubt, this situation could have been a lot worse, as train derailments happen more than anyone would like. In so many train derailment accidents, passengers and workers alike are injured or even killed. Even though great advances have been made in mass transit safety, accidents will continue to occur and the numbers of injuries and deaths in just one accident can rise quickly. Around the country – in fact, worldwide – we see reports of train accidents with tragic results.

Rail Safety Statistics

The United States Department of Transport, Federal Railroad Administration (FRA) is charged with promoting the safety of our country’s railroad systems. The agency is responsible for the development of safety standards as well as oversight of railroad companies’ compliance with safety standards. Additionally, they investigate and report accidents that occur on the railways. The FRA notes that railways are busier than ever, with rail travel carrying more passengers than ever and rail freight higher than any almost point in history. They also note that riding the rails has never been safer, as the three most common types of rail accidents – human error, track defects, and equipment defects – are all down significantly over the last decade.

Types Of Rail Accidents

Train derailment is only one of several types of accidents that can occur on the railways, though it is the type of accident that has the ability to cause the most deaths and injuries at one time by comparison. Other types of railway accidents include collisions between two trains, collisions, between trains and motor vehicles, and train/pedestrian accidents. Naturally the smaller the object is that the train hits, the more likely the smaller vehicle – or person – will suffer much more damage than the train. In some train accidents, such as the Port Everglades incident, train derailments or accidents result in chemical spills, which in turn cause harm to people and property.

Contact The Office Of Alan Goldfarb, P.A. For Legal Help

If you or someone you love has been injured in a train accident, the office of Alan Goldfarb, P.A. can help. Our Miami mass transit accident attorneys will review your case with you and advise you of your rights and responsibilities under the law. During your initial consultation, you will learn how the legal system works and how your case will be handled by the courts. You can rely on our experience to be able to offer you the representation you need to obtain the best possible results. Do not delay, contact us today to schedule your free consultation.