Norfolk-Portsmouth Personal Injury Lawyer - 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

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

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

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

Does RailView or LocoCAM Accurately Reflect the Visibility of a Railroad Engineer?

John Cooper — Tue, 06 Oct 2009 15:09:00 GMT

As an injury lawyer who regularly handles railroad accident cases, there’s been a lot of talk about “RailView” and LocoCAM” being used by many major railroad companies. Some people believe these devices can be used as key evidence in a railroad accident case. But what exactly is this technology and how reliable is it? Can it hold up in a court of law?

Let’s take a look…

“RailView (a.k.a. RailView Event Data Recorder) is a device that is usually mounted near the train engineer's window. It provides a video recording of the train’s journey, reports the train's speed, whistle activity, and braking activity.

LocoCAM functions similarly, though it’s mounted inside the train’s engine cab on the right side of the windshield at the level of the windshield wipers. The camera makes an ongoing record of conditions on the track and at crossings to increase safety awareness and to have a record for liability purposes in case of accidents.

Here’s a video illustrating how LocoCAM is used on a locomotive train…

http://www.youtube.com/watch?v=ECVRz2i_3GI

The devices have been used in court by both plaintiff attorneys and defense attorneys. For example, attorneys in Petre v. Norfolk Southern Corp. used the RailView record to show that a Norfolk Southern train was speeding which led to the car/train accident which killed Wanda Petre. Nevertheless, the attorneys representing Norfolk Southern also utilized the RailView record to show that the speed at which the train was traveling (61 mph in a 60mph zone) was not sufficient evidence to prove the accident could have been prevented.

But the big question remains – are LocoCAM and RailView reliable and should they be used as rock solid evidence in a court of law? The jury is still out on both questions (pardon the pun). This technology is relatively new so there hasn’t been a major flaw detected…yet. However, I do not believe it can fully reflect the visual capacity of the railroad engineer, and therefore should only be used as a supplement to the railroad engineer’s testimony in court. As you can see by the video above, the LocoCAM gets a certain visual angle, but is relegated to that particular angle. It does not have the freedom of motion that the engineer has and, therefore, the visual range is not comparable. It can still be a helpful piece of evidence, just not an equivalent to first-hand account of a train accident.

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 in based in Virginia Beach, Virginia (VA). Our attorneys have handled thousands of railroad injury and FELA cases. We would love to send you one of our FREE reports about railroad injury and FELA cases, including the Do’s 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 to discuss your case, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by John Cooper

Field Hockey Team Bus Crash in Suffolk One of Too Many Such Accidents

Emily Mapp Brannon — Tue, 29 Sep 2009 12:10:36 GMT

I was alarmed to read that 11 members of the King's Fork High School field hockey team got injured when their school bus ran off the road in Isle of Wight, Virginia (VA), on Monday night.

I was shocked when I checked around and learned that the girls and appeared to be just a handful of the dozens of teens, children and adults injured in school bus crashes on Monday and Tuesday of this week. Here's a sampling of the stories I found when I typed "school bus accident" into Google News:

"One Injured in Cobb School Bus Crash," The Atlanta-Journal Constitution: A middle school student went to the hospital on Monday afternoon after his bus slammed into a stand of bushes. The bus's brakes may have failed.
"Two Children Injured in School Bus Crash in Hyde Park," WHDH-TV Boston: The children went to the hospital with shoulder injuries after a car hit their bus Tuesday morning.
"Child Hit by School Bus in Oakland Park," Sun Sentinel: In a Ft. Lauderdale, Florida (FL), suburb, a bus driver drove into and seriously injured a 16-year-old girl.
"School Bus Carrying Heath Swim Team Plunges Into Pond," Herald Banner (Rockwall County, Texas [TX]): Five members of the team and the bus diver required treatment for injuries Monday when their bus, well, went into a pond.

I'll stop here to note that most of the school bus accidents I turned up in my brief search did not involve serious injuries. The fatalities I saw involved the drivers of cars or SUVs that hit buses, such as an incident in Caldwell, Idaho (ID), in which 17-year-old Shawn Heckathorn died on Sept. 23 after crashing his pickup truck into a busload of elementary school students.

When students do die in bus accidents, they probably get backed over -- as did a Southampton, VA, preschooler last year -- more often they get fatally injured during a vehicle crash. And that is probably how most people think about school bus safety: avoid traffic when getting on and off, no horseplay or fighting onboard, maybe seatbelts. The sheer number of crashes involving buses, however, argues that thinking about bus safety more as traffic safety makes sense.

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. We also host a YouTube injury law video library with more than 50 videos covering many FAQs on personal injury subjects. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.

EJL

Originally posted at InjuryBoard by Emily Mapp Brannon

Poquoson Pilot Honored for Five Decades of Accident-Free Flying

Jim Lewis — Wed, 23 Sep 2009 16:06:00 GMT

When you look up “responsible pilot” in the dictionary, Luther Knaub’s picture should be placed immediately next to the definition as a prime example. Luther, a resident of Poquoson, Virginia (VA) has enjoyed 50 years of accident-free flying as a recreational pilot, according to the Daily Press.

A record this impressive is rare. Luther is the 12th Virginia resident to be recognized with the award and the third in the Hampton Roads, Virginia (VA) area. Even more impressive is the fact that Luther is an Air Force veteran with 16,000 hours of flight experience including bombings over Vietnam and Vietnam.

"I'm thrilled and honored to receive the award," Knaub said. "It's prestigious — not everyone gets to enjoy flying for as long as I have."

As an injury lawyer who’s represented people seriously hurt in airplane accidents, I understand the devastation associated with plane crashes so it’s great to hear about a pilot whose averted major injury while enjoying the skies.

http://www.youtube.com/watch?v=M3R2Sv47c8Q

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis