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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

Feds link toxic Chinese drywall to corrosion in homes

Emily Mapp Brannon — Sat, 28 Nov 2009 21:06:00 GMT

Federal officials have found a “strong association” between toxic Chinese drywall and corrosion of electrical systems in homes, according to The New York Times.

The conclusion is one of the few public statements from the federal government that the drywall is at fault for problems in thousands of homes.

The toxic drywall issue is important to many Hampton Roads homeowners, where toxic drywall has forced countless people from their homes.

My colleague John Cooper wrote recently about a number of area homeowners who traveled to Richmond to lobby lawmakers and regulators on the issue.

“The real suspect can now be confirmed,” Jack McCarthy, president of Environmental Health & Engineering, told The Times. His company studied 51 homes for the government. “There’s a strong association with the drywall and hydrogen sulfide and the corrosion that we see in these homes. Temperature, humidity and air exchange rates are contributing factors.”

Homeowners in the South are most at risk, the study found. High temperatures, high humidity, and confined air circulation in well-insulated air-conditioned homes all bring the toxic hydrogen sulfide out of the drywall.

The finding comes from the Consumer Product Safety Commission, the agency that has been the locus of complaints from homeowners. More than 2,000 homeowners have complained to the federal government about the drywall.

The commission declined to link the toxic drywall to the health problems that many homeowners have suffered. However, it is studying how to get homeowners financial aid. It has also asked the Internal Revenue Service to permit deductions of drywall-replacement costs as a casualty loss.

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 Emily Mapp Brannon

Seat Belt Enforcement a Priority for Virginia (VA) State Police This Thanksgiving

Jim Lewis — Thu, 26 Nov 2009 09:05:00 GMT

Seventy-five Virginia (VA) State Police officers will be patrolling the commonwealth's highways this Thanksgiving. Near the top of the list they will have for stopping motorists traveling to and from holiday meals, Black Friday sales and is failing to wear seat belts.

Statistics released to Virginia newspapers on Nov. 24 indicate that 12 motorists died in accidents on Virginia roads during Thanksgiving 2008. Nine of those people were not wearing seat belts.

Virginia's seat belt laws cover drivers and all front-seat passengers. Also, children younger than seven years of age must be properly restrained in age- and size-appropriate child safety seats in the back seat of a moving car, truck or van.

Locally, the Daily Press is reporting the Newport News police will be out in force between Wednesday and Monday and also that AAA is projecting that 970,000 cars will hit the road throughout Virginia this long weekend.

Drive safe, buckle up and have a happy and healthy Thanksgiving!

EJL

Originally posted at InjuryBoard by Jim Lewis

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

EJL

Originally posted at InjuryBoard by Rick Shapiro

Driver Fatigue Contributes to Serious Car Accidents

Jim Lewis — Thu, 05 Nov 2009 20:56:58 GMT

Millions of people were reportedly involved in car accidents, or came very close to getting into a serious car accident, due to driver fatigue, according to a study conducted by the National Sleep Foundation. Over 100 million people admitted they’ve driven while feeling drowsy.

As someone who regularly represents car accident victims, I cannot overemphasize the importance of being alert while behind the wheel of a car.

"People who drive when they are tired put their lives at risk, as well as the lives of others on the road," said Raquel Rothe, who owns Sleep EZ Diagnostic Center based in Salem, Virginia (VA).

Here are some warning signs that indicate you may be suffering from driver fatigue…

- Unable to focus

- Feeling restless and irritable

- Heavy eyelids

- Trouble keeping your head up

- Swerving while on the road

If you notice these symptoms, pull over and take a quick nap. Or, stop at a Sheetz or 7-11 and grab a cup of coffee (maybe a Red Bull for the hardcore caffeine addicts). To try and preempt these fatigue symptoms, get at least eight hours of sleep prior to a long drive

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

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

Fall-Related Death of Worker at Norfolk Sanitation Plant Under Investigation

Rick Shapiro — Fri, 23 Oct 2009 08:57:00 GMT

Randy Piche, a long-time Hampton Roads Sanitation District employee, died Tuesday morning after falling through an opening on a third-floor walkway at the Army Base Treatment Plant in Norfolk on Tuesday morning. Neither the wastewater and sewage-treatment organization nor the Virginia Occupational Safety and Health department have yet determined why Piche, a 37-year HRSD veteran, would have fallen to his death.

Industrial plants are inherently dangerous places to work. In Virginia alone, more than 150 workers died in workplace accidents during 2008. The U.S. Occupational Safety and Health Administration posts weekly summaries of deaths at work on its Web site. The most recent set of summaries, from Aug. 28, 2009, includes 18 entries. Listed causes of death ranged from electrocutions and crush injuries to falls and explosions.

Employers have legal and moral obligations to minimize risks to their employees. If HRSD did not have signs, guardrails or procedures in place to make it difficult or impossible to fall through the walkway opening at its plant on the grounds of the Norfolk International Terminals, then the organization would be liable for contributing to, or even, principally causing, Piche's death.

Regardless of the cause of the accident, my thoughts go out to Piche and his friends and family. I have seen too many times the tragedies that can result when people work in unsafe conditions and environments.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling slip, trip and fall cases. Check out this case result involving a woman who slipped and was injured at a restaurant. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers hold licenses in NC, SC, WV, KY and DC. 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 Rick Shapiro

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

Fatal Accident on I-664 in Chesapeake, Virginia

Jim Lewis — Fri, 16 Oct 2009 18:17:00 GMT

Webster Keck of Suffolk, Virginia (VA) was driving his Dodge pickup truck along Interstate 664 (I-664) near the intersection of Interstate 64 (I-64) in Chesapeake, Virginia (VA) when Seth Arnold Bailey didn’t maintain control of his Jetta and crashed into the truck. Mr. Keck died at the scene.

My deepest condolences go out to Mr. Keck’s friends and family.

Mr. Bailey, who is from Portsmouth, Virginia (VA), was charged with reckless driving, according to the Virginian-Pilot.

I-664 has seen its fair share of serious car accidents. For example, a couple weeks ago two men were involved in a car crash and their Dodge Viper burst into flames. Fortunately, they survived but suffered serious injuries.

Originally posted at InjuryBoard by Jim Lewis

Reduced Traffic Deaths May Mean More Serious Injuries

John Cooper — Wed, 14 Oct 2009 13:10:00 GMT

The percentage of people killed in highway accidents has been steadily decreasing over the past few years and we’re at the lowest percentage of highway fatalities since 1961, according to the National Highway Traffic Safety Administration. By all accounts, this is a good thing, but two important questions remain unanswered – how and why is this decline occurring?

Some indicate it’s due to the poor economy and people are simply driving less. "The recession is probably the biggest contributor but it's not the only contributor," said Barbara Harsha, executive director of the Governors Highway Safety Association, according to the AP.

Harsha also mentioned an increase in seat belt use and air bags becoming standard equipment in most cars.

Nevertheless, the decrease in highway deaths could be correlated to an increase in serious injuries. For example, air bags have been known to cause major head and neck injuries due to the propulsion of the bag. They’re especially dangerous for individuals who are tall or short. They’ve even proven to be lethal for children.

Here’s a video illustrating some of the potential injury issues related to air bags…

http://www.youtube.com/watch?v=m4WQA6hCEWE

Seat belts are another possible cause of injury. In fact, since legislation was introduced making seat belts mandatory in all vehicles, sternal fractures (i.e. fractures to the chest) have increased threefold, according to a Medical Journal.

As an injury lawyer who regularly represents victims of car accidents, I’ve seen firsthand these types of injuries. However, I want to be clear that air bags and seat belts save lives and they’re both vital safety mechanisms, but that doesn’t mean you’re exempt from injury if you have both in your vehicle.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. 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 . 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