Missouri Personal Injury Lawyer Blog

The number of deaths caused by railroad accidents has held steady in Missouri since 2008, after peaking in that year. According to the Federal Railroad Administration Office of Safety Analysis, 20 people died in Missouri train accidents in 2008 and again in 2009, up from 12 deaths in 2007. Four people were involved in fatal train accidents in the first quarter of 2010.

The number of train-car accidents also decreased in 2009. In that year, Missouri saw 39 train-car collisions, down from 46 in 2008. Eight of the train-car accidents in 2009 were fatal, while ten of the 2008 train-car accidents were fatal. Both 2008 and 2009 saw 17 injuries in train-car accidents, which was less than the 26 injuries recorded in 2007.

People entering the railroad right-of-way on foot without permission saw the most dramatic increases in deaths and injuries over the past three years. The number of trespasser deaths jumped from five in 2007 to nine in 2008 and to 12 in 2009. Meanwhile, the number of railroad trespasser injuries in Missouri dipped slightly from nine in 2007 down to five in 2008, but rebounded to nine injuries in 2009. Since the beginning of 2010, one trespasser has been injured on a Missouri railroad and two have been killed.

Trains pose a significant threat to both pedestrians and motorists. The considerable size and weight of a train leaves an unprotected person and their vehicle at risk for serious injury, damage, and even death. If you or a loved one has been injured or killed in a Missouri train accident, please don't hesitate to contact the experienced legal team at Page Law. Our personal injury attorneys in St. Louis will help you seek the compensation you deserve. Call Page Law today at (314) 322-8515 for a free consultation.

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Posted In: Railroad Accidents

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In recent years, a rising number of railroad workers are suing their employers because of health problems caused by chemical exposure. A condition called toxic encephalopathy is becoming increasingly common among railroad workers. Toxic encephalopathy is a degenerative neurological disorder which has a variety of symptoms, including memory loss, personality changes, nausea, fatigue, seizures and depression.

Toxic encephalopathy is believed to be caused by exposure to diesel exhaust and chemical solvents used to clean locomotives. CSX has settled hundreds of cases brought by its employees alleging they incurred brain damage as a result of such exposure.

According to a recent article, a railroad worker in Texas has initiated a lawsuit against BNSF Railway Co. for failing to create and maintain a safe working environment. The worker alleges that he endured significant physical and mental pain from inhaling chemicals while on the job. The claim also demands legal remedy for suffering, anguish, lost wages, benefits, and acquired medical costs.

Railroad workers are protected by Federal Employers’ Liability Act (FELA). FELA was enacted in 1908 to protect railroad workers who become injured on the job, since railroad workers are not eligible for workers’ compensation. In order to recover under FELA, the employee must show that the employer was negligent in order to recover damages.

Continue reading "Chemical Exposure to Railroad Workers" »

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Posted In: Railroad Accidents

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According to the Federal Railroad Administration, there are approximately 3,000 train accidents in the United States each year. One third of all train accidents are fatal. Train and railroad accidents can also cause other serious injuries such as brain and spinal injuries that may lead to paraplegia or quadriplegia.

The National Transportation Safety Board (NTSB) reports that close to 60% of all fatal railroad crossing accidents occur at unprotected crossings. Furthermore, approximately 80% of all public railroad crossings do not have safety gates or lights.

Common railroad accidents include collisions with passenger vehicles or other trains, derailments, mechanical failures, driver fatigue and improperly maintained tracks. Therefore, it is important to drive carefully and uphold proper care at railroad crossings. Here are a few train safety tips that could help save your life:

• Expect a train at anytime on any track.


• Understand that trains cannot stop quickly. A train that is going 55 mph can take a mile or more before stopping after the emergency brakes are activated.


• Look out for a second train at multiple track crossings.


• If your car stalls on the tracks, get out of the vehicle and walk away at a 45-degree angle toward the direction the train is coming. This is to ensure flying debris won’t injure you.


• Trains are three feet wider than the tracks on each side.


• Cross tracks only at a designated crossing.

Continue reading "Preventing Railroad Crossing Accidents: Train Safety Tips" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Law & Information , Personal Injury , Railroad Accidents , Wrongful Death

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NWAnews.com reports in an article that a University of Arkansas student was seriously injured in a railroad accident. The 21-year-old student was walking on the railroad tracks in Fayetteville, Arkansas on the evening of March 27, 2009. At the time of the accident, the engineer attempted to stop the train, but still collided with the UA student.

The student’s injuries are a sobering reminder of the power of trains to cause serious injury, even as they are trying to stop. According to the NWAnews.com story, the train struck the UA student at approximately 12 miles per hour—yet this was enough to sever the student’s left hand at the wrist and render the young student unconscious.

This tragic incident illustrates the debilitating injuries that can easily happen when trains strike pedestrians. Severe head trauma can cause life-long problems with cognition and speech, and severe head injuries can result in serious emotional disorders for the rest of the victim’s life.

As evidenced in this incident, railroad accidents can easily cause traumatic amputation of the limbs. If the victim does not die from massive shock and blood loss, he or she faces a steep and painful road to physical recovery.

Please do not let this tragedy happen to you or a loved one. Practice train safety. Avoid walking on or near train tracks. Obey all posted warnings and railroad right of ways. Stay alert. Your health and safety depend on it.

If you have any questions about railroad accidents, please contact the highly experienced St. Louis railroad accident attorneys at Page Cagle. As a personal injury law firm, we are experienced in representing clients who are suffering from severe injuries or from the death of a loved one. No matter what your traumatic injury is, call Page Cagle today at 866-620-5757 for a case evaluation.

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A St. Louis woman died after her truck was hit by an Amtrak train as she tried to cross railroad tracks. According to this news report, the woman was on her way to conduct soil tests at a pipeline construction site when she was hit by an eastbound Amtrak train in Hartford. She was pregnant at the time of the train accident. No one in the train was injured.

The crossing where this auto accident occurred is marked but has no lights or gates, according to the news report. Some say it is tough to see approaching trains at the crossing because of vegetation, but Hartford police say they haven't had a train accident at that crossing in 25 years. The fatal accident is still under investigation.

If an accident occurs when a worker is on-the-job or on the way to his or her job then he or she would be entitled to workers compensation benefits. In cases where the accident is fatal, the victim's family would be entitled to workers compensation benefits. Missouri workers compensation laws and procedures can be confusing and complicated. But a knowledgeable and top workers compensation attorney in Missouri can advise you about your rights and how to go about getting the compensation you rightfully deserve.

In auto accident cases that involve other parties or other vehicles, a skilled Missouri personal injury attorney will be able to look at all aspects and scenarios to determine who should be held accountable for the accident and injuries. If you or a loved one has been injured in a Missouri auto accident, please call Page & Cagle to find out about your legal rights and options. We offer free consultations and case evaluations.

Posted by John J. Page | Permalink | Email This Post

Posted In: Auto Accidents , Railroad Accidents , Workers Compensation

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A recent Missouri railroad accident killed a pedestrian. According to the Kansas City Star, the victim was caught on a railroad overpass when the train approached. Authorities say the man tried to outrun the train, but was unable to escape.

The accident occurred in Kansas City at East 51st Street near Noland Road. The train was an Amtrak passenger train. According to the Federal Railroad Administration, less than five percent of all railroad accidents throughout the United States from January to August of 2008 involved passenger trains.

However, trespassers, like the pedestrian in the Missouri railroad crash above, represent over 90 percent of railroad accident fatalities. Nationally, from January to August of 2008, railroad crashes have killed 330 trespassers and over 290 trespassers have been injured.

Continue reading "Fatal Missouri Railroad Accident Claims Life of Pedestrian" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Personal Injury , Railroad Accidents , Train Accidents

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A railroad worker employed by Norfolk Southern Railroad was recently injured while working in Ohio. The worker, who fell from a bridge into the Vermilion River, was working to fix and replace railroad ties on a set of train tracks. While the man was working on repairing the railroad tie, both he and the tie fell into the water. The man was taken to the hospital for injuries sustained in the work-related accident. It has not yet been determined what caused the fall; depending on the cause, the injuries sustained may be grounds for a FELA claim.

When a railroad employee is injured, the act that regulates legal action is the Federal Employers Liability Act (FELA). In order to establish a FELA claim, four elements must be proven.

The elements are:

Continue reading "Injured Missouri Railroad Employee May be Eligible for FELA Claim" »

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Posted In: Railroad Accidents , Workers Compensation

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Roughly 13,000 train accidents occurred in 2007, during the course of which over 5,000 employees were injured. Employee injury accounted for 60 percent of all railroad accident injuries in 2007. When an employee does suffer harm while in the course of employment, the Federal Employers Liability Act (FELA) regulates possible lawsuits.

FELA allows injured railway workers to collect compensation from their employers; however employer fault must be proven. Railroad employees are commonly subjected to dangerous conditions; common injuries result from slip and fall accidents and exposure to toxic chemicals. Recent FELA cases also address issues and injuries related to railroad employee fatigue.

Currently, a Madison County, Illinois FELA lawsuit was filed in response to a worker being regularly fatigued through irregular work shifts and scheduling that developed into a sleep disorder after several years. The employee claims not only that the railway company, Norfolk Southern, failed to provide adequate rest periods, but also that the company failed to warn of the dangers related to irregular sleep patterns. The employee claims that workplace safety was neglected, and after working in such an environment for several years a sleep disorder developed, creating depression, pain and mental anguish.

By the nature of the railway industry, railroad employees are subjected to working long and irregular hours at various times. Although the federal government regulates work hours, railway companies still have a duty to provide their employees with a safe work environment, so as not to cause health complications. Visit Page//Cagle's Railroad Accident website to learn more about FELA, railroad accidents and lawsuits.

Continue reading "When Railway Employees are Injured" »

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From January to March of 2008, there have been a record number of railroad accidents. There have been approximately 3,000. These incidents have caused injury to almost 2,000 individuals and killed almost 200. An alarming statistic is that trespassers on railroad property have caused over half of these incidents and fatal accidents, and that railroad employees have suffered over 60 percent of the injuries.

In a recent California case, a man who was contemplating suicide ended up surviving the train accident he caused; however, 11 others were killed in the railroad accident and 180 were injured, including railroad employees and passengers. A jury is currently deliberating his fate; the death penalty is being considered.

The facts of the case are as follows: The man trespassed onto railroad property, allegedly because he wanted to commit suicide. He doused his vehicle in gasoline and parked his car on the railroad tracks, hoping to be killed by a passing train. Allegedly, at the last minute, the man changed his mind and decided to flee the vehicle. Shortly thereafter, a Metrolink commuter train crashed into the vehicle. When the train collided with the gasoline-infused vehicle, 11 were instantly killed and hundreds of others sought medical attention for injury.

The man was charged with several criminal charges, including 11 counts of murder, arson and train-wrecking. However, those injured and the families of those killed have also filed numerous civil personal injury lawsuits against him as well. The injured railway employees in this case would also file under general personal injury claims, instead of a FELA claim. Although FELA claims are typically the type of suits filed when a railway employee is injured on the job, FELA claims require employer negligence, which, by the facts of this scenario, is not likely the case here.

Continue reading "Trespassers Cause Most Railroad Accidents, Employees Hurting the Most" »

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Posted In: Railroad Accidents

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Recently, a Madison County railroad employee filed a FELA suit (Federal Employers’ Liability Act) against his employer, Norfolk Southern Railway. FELA claims allow railroad employees to seek compensation from employers for injuries occurring in the course of employment. The main idea of the Act was to provide a way for injured railway employees to be able to recover for employer carelessness or negligence.

The employee in this case was employed with Norfolk for over thirty years. His suit alleges Norfolk was careless in failing to reduce noise levels. Further the employee alleges that the Norfolk railroad failed to protect employees from excessive and damaging noise levels.

The plaintiff, employee, specifically alleges damage to his ears, inner ears, nerve endings in his head, tympanic membrane, ear drums and other tissue. His hearing has deteriorated, and he also alleges other body systems have been affected by the injuries.

The basic premise behind the suit is that railroad employment may be dangerous by nature, but that such employment does not mean employees sign a free waiver for additional subjection to perilous conditions. Railway companies have a duty to provide safe working conditions for their employees; in this case the employee feels that he has personally suffered damages due to his employer’s negligence.

Continue reading "Railroad Employee Files FELA Suit, Citing Nerve, Ear Damage" »

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A six-week personal injury trial over a railroad crash in Minnesota recently came to a close. The railroad accident trial dealt with four wrongful death claims filed against BNSF railroad. The jury awarded the families of the four individuals killed $24 million. The four were struck by a train while inside their vehicle at a railroad crossing. The train was allegedly traveling at 60 mph. BNSF alleged the train accident victims were trying to beat the train when they were hit.

The jury in this train crash lawsuit disagreed, finding that the railroad accident occurred because the railroad crossing warning signals were faulty, and the victims were not adequately warned of the oncoming train.

Although the railroad was found at fault in this train accident, not all railroad lawsuits filed for faulty warning signals will result in such a verdict. Railroad accidents are thoroughly investigated and subsequent lawsuits rely heavily on the particular facts found.

For instance, in a recent Missouri railroad accident, faulty railroad crossing signals did not make a railroad company liable for a wrongful death claim arising from a train accident. The facts of the case were different. The truck driver allegedly ignored the railroad warning signals because he had frequently driven past this particular crossing. He was aware the warning signals were faulty, often signaling a train when a train was not present or approaching. In this case, although the warning signals were defective and the truck driver had previously been inconvenienced by such signals, it did not warrant him driving past the signals without extreme caution.

Continue reading "$24 Million Awarded in Railroad Accident Wrongful Death Suits" »

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The engine of a slow moving, 10-car freight train derailed in East Hartford, Connecticut. Allegedly a piece of track snapped causing the train accident when the engine derailed.

There were no reports of injuries in the Railroad Accident that happened at the rear of an auto glass repair business. However, the state Department of Environmental Protection was called because the engine contained diesel fuel that had to be siphoned out of the engine as a precaution against a possible spill.

Under the Corpus Juris Secundum, in certain circumstances, a railroad car or other equipment, such as the broken piece of track above, constitutes a "product" for strict liability purposes and can be the basis for a manufacturing defect claim; however such claims are strictly monitored or may be preempted by federal law.

A defect in the design of railroad equipment may give rise to liability for injuries or damage resulting from that defect, especially where safer alternatives to the design used are readily available. While alterations of a piece of equipment by the user do not relieve the manufacturer of liability, if the alterations are foreseeable the plaintiff bears the burden of showing that the equipment was defective and was not altered after leaving the control of the defendant.

So, in the situation above, it would have to be proven by a plaintiff against the railroad manufacturer that the piece of track was defective and that the defect, which could have been foreseen to cause problems and could easily have been altered, was directly responsible for the railway accident.

However, the manufacturer of railroad equipment is not an insurer responsible in damages whenever one of its products fails. In addition, defects in specially ordered equipment, not launched into the stream of commerce by the manufacturer, do not give rise to strict liability.

Continue reading "Rail Defect May Have Caused Train Derailment" »

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Posted In: Railroad Accidents

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A young woman was charged with leaving the scene of an accident, among several other charges, after her car ended up on railroad tracks and allegedly caused an accident in Beaver, Pennsylvania. Although no injuries were reported, the car was hit by the train and left the conductor, as well as several passengers, in fear of the worst. The woman said she left the scene because she had a panic attack and didn’t know what to do. Although this situation is not typical, many train accidents are not the fault of those in the railroad industry and often deal with ordinary citizens who are unaware of what to do in such dangerous circumstances. The Federal Railroad Administration felt the lack of publicity on the causes of Missouri railroad accidents and ways to prevent such incidents to be a public disservice.

Continue reading "Railroad Accidents" »

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Posted In: Railroad Accidents

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