Missouri Personal Injury Lawyer Blog

A woman was killed and a child injured at a private railroad crossing in Webster County, Missouri. According to an article in the Kansas City Star, the Captain of the Southern County Fire Protection District said that the train’s engineer had seen the truck and tried to stop.

Two other children were in the truck bed but had jumped out of the vehicle before the crash. The 33-year-old woman, pronounced dead at the scene, had picked up the children from school and was on her way home. Her eight-year-old daughter sustained serious injuries and was air lifted to Springfield hospital.

The Missouri Department of Transportation reports that every two hours, a train hits a vehicle or pedestrian in the U.S. Another terrifying statistic is that you are 20 times more likely to die in a vehicle-train accident than a two-car crash.

Continue reading "Missouri Train Accident Kills One, Injures Another" »

Two people were killed in a Missouri car accident after their vehicle collided with a train in Bates County, Fox News reports. Missouri State Highway Patrol officials said the victims - ages 49 and 43 - died when the train struck their vehicle as they crossed a stretch of tracks. Investigators are still talking to eyewitnesses about how exactly this fatal train-car collision occurred. The train's conductor told officials that the car's driver slowed down at the tracks, but didn't stop and continued to go forward. The Kansas City Southern train was traveling at a rate of 55 mph at the crossing. Officials say the lights and bells at the crossing were working, but there were no crossing arms at the intersection.

Each train accident is different and there are a number of factors that play a part in causation. The Federal Railroad Administration (FRA) reports that there are about 3,000 train accidents in the United States each year. About one-third of these accidents are fatal. According to the National Transportation Safety Board (NTSB), the federal agency that investigates train accidents, about 60 percent of all railroad-crossing accidents that result in fatalities, occur at unprotected railroad crossings. Such crossings are common especially in the rural areas of Missouri. If they don't result in fatalities, auto accidents involving trains often result in serious injuries such as brain injuries, spinal injuries, quadriplegia or paraplegia.

Continue reading "Missouri Train versus Car Collision Leaves Two Dead" »

In a press release issued today, text messaging and driving may soon be banned in all states. It will be mandated that all states ban texting while driving if they want to receive highway funding. If they do not comply with the requirement to ban texting while driving, their funding will be withheld. So far 19 states have banned texting and driving. Texting has been linked to many serious Missouri car and truck accident cases. Experienced personal injury lawyers always explore the possibility of an at fault driver texting before a crash.

Illinois is the most recent state to prohibit texting while driving. The law was signed into effect on August 6 bringing the total of states that have banned text messaging while driving to 19. It is expected that Missouri will soon follow the lead of its neighboring state.

In St. Louis, Missouri a tractor trailer accident causing multiple fatalities on Highway 40 was allegedly caused because the semi truck driver was texting while he was driving and caused a chain reaction accident. Entire families were killed during this horrendous truck accident.

According to the Automobile Club of America, the risk of having a car accident increases by 50% for those who text message and drive at the same time. With 46% of new drivers surveyed saying they text and drive, teens are the largest group texting and driving, increasing the risk of cell phone auto accidents in Missouri and throughout the nation.

Continue reading "Texting and Driving Can Be a Deadly Combination" »

A northeast Missouri family narrowly escaped serious injury when their van was struck by a train at a crossing recently. This story, which appeared in the Hannibal Courier-Post, said that a 24-year-old man, his four-year-old daughter and two-year-old son, were on their way home from a fishing trip around 11:15 in the morning on Route B when they were involved in a St. Louis train accident. The driver of the van said that he was talking on his cell phone as his van approached the train crossing and normally looks both ways before crossing train tracks, but failed to do so that morning.

The flashing lights and alarms were working properly at the intersection, but this crossing has no retractable crossing gates to prevent motorists from crossing when a train is approaching. The engineer on the Burlington Northern Santa Fe train said that he saw the van and was sounding the train’s whistle as it approached the intersection but the driver of the van gave no indication that he saw the oncoming train. Law enforcement officials investigating the Missouri railroad accident found no skid marks near the train crossing and the van’s driver was cited for failure to yield, failure to register, and having no proof of insurance.

Both children were properly secured in their car seats and the family was able to get out of their mangled van without serious injuries, but the occupants of vehicles involved in train accidents are seldom so lucky. In most cases, the occupants of any type of vehicle that is struck by a train are either killed or suffer very serious injuries. These injuries can result in medical expenses that quickly climb into the hundreds of thousands of dollars.

If you or someone you care for has been involved in a St. Louis train accident, the experienced train accident attorneys at the St. Louis personal injury law firm Page Cagle may be able to help. After a case evaluation with their skilled St. Louis train accident lawyers, they will launch an immediate investigation into the accident and work hard to help you receive the compensation you deserve for your loss or injuries. To speak with the experienced St. Louis personal injury attorneys at Page Cagle, call them today at 866-620-5757. You can find more information by going to www.railroadaccidentlawgroup.com.

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" »

A train severed the limbs of two teenage girls in Lebanon, Maine. The two girls were sunbathing near the railroad tracks where area children often play and allegedly fell asleep on the tracks. The two were woken to the train horn, but did not move in time and suffered severe leg and foot injuries.

Railroad accidents often occur due to trespass on railroad property, such as the scenario above, and railroads are generally not found liable for resulting injuries. However railroads may be found liable in other incidents, such as when employees of railroads are injured in a railroad accident or in general throughout the course of employment.

Railroad employees injured in the workplace or as a result of a train accident are responsible under FELA, the Federal Employees Liability Act, to prove their employer was at fault for their suffered injuries. By proving fault, the railroad will be liable for the damages suffered. If you want to know more about FELA or see some frequently asked questions in regards to FELA, visit my railroad accident website.

Continue reading "2 Teenagers Struck by Train" »

A 15-year-old girl died after an Amtrak train struck her 2003 Chevrolet Trailblazer in Rio Vista, Texas. The Amtrak Texas train accident occurred after the young girl drove around the crossing arm, and was struck by the oncoming train; she died at the scene.

In a railroad accident such as this, the girl could be found at fault for driving around the railroad warning signs, placing herself in danger; meaning the railroad may likely not be found liable, or may be found to have reduced liability. However, investigation would need to take place to ultimately determine fault.

When faced with a railroad accident, sometimes fault may be difficult to discern and you need to know what steps to take in order to protect yourself and your rights. By visiting the railroad accident website of attorneys at Page//Cagle, you will be able to find an explanation of railroad accidents and find information about how to handle them and the injuries arising from them.

In 2007 there were 2,593 railroad accidents nationwide, and up to February of 2008, there have been 388 accidents, meaning caution around railroads is crucial- especially because trains are difficult to slow down, so preventing injurious situations is difficult.

According to the Federal Railroad Safety Administration (FRA), trespassing onto railroad property, such as the accident above, is a main cause of personal injuries resulting from railroad accidents.

Continue reading "Young Girl Killed in Texas Train Accident" »

A mid-Missouri man died in a Monroe County train accident, according to a report on ABC News Website. The man was hit by a train when his car got stuck on the tracks. The incident reportedly occurred at a railway crossing in Madison. The news report states that the train struck the man’s car and then pushed it along the tracks for half a mile before being able to come to a stop. A passenger in the car was taken to the hospital with serious injuries, the report said.

Train accidents almost always result in major injuries or fatalities because of the size and weight of the train and the speed at which trains usually travel. A majority of the train accidents in the United States occur at railroad crossings. According to the Federal Railroad Administration, there are about 3,000 train accidents in the United States every year. These train accidents result in brain injuries, spinal cord injuries, paralysis and death. About one-third of these accidents result in death.

Why do these railroad accidents, injuries and deaths occur? The National Transportation Safety Board (NTSB) reports that almost 80 percent of all public railroad crossings don’t have lights or safety gates. In the case above, we don’t know if that was the case. He could have been trying to “beat the train” and make it across the tracks. But the possibility exists that there were no lights or safety gates at that railway, which would have stopped the car from approaching the crossing and prevented him from getting stuck on the tracks.

Continue reading "1 Dead, 1 Seriously Injured In Missouri Train Accident" »

Two men were walking on the tracks of a railroad bridge at 3 a.m., when they were struck and killed by a train in Defiance, Ohio. The train accident occurred on a double-track bridge with a curve, which allegedly is what prevented the train's crew from seeing anyone on the tracks until it was too late. The role of alcohol was initially suspected, as the men were walking the tracks at 3 a.m., but the issue is still pending investigation.

Knowingly entering or remaining on railroad property without the railroad's permission violates trespass laws; trespass laws generally make it unlawful to enter on another's property without permission. According to trespass laws dealing with railroads, under Corpus Juris Secundum (CJS), not all courts view liability the same way. A railroad is sometimes held to the requirement of reasonable care toward trespassers, where other courts say a railroad owes no duty to a trespasser.

Some courts will further say a railroad has no duty to a trespasser except to refrain from wantonly, willfully, recklessly, or grossly negligently injuring him/her and that the railroad must use reasonable care once a trespasser is discovered; this basically means once a trespasser is discovered, or should have been discovered, a railroad has a duty to exercise reasonable care in ensuring the person is not further injured.

In Missouri train accident cases, no reported case has found a landowner liable to an injured adult trespasser. Missouri courts also limit liability in those cases involving trespassers under the influence of alcohol or other controlled substances, finding a landowner is not liable under such circumstances. Further, under Missouri law (V.A.M.S. § 537.349) in relation to trespassers who are under the influence of alcohol while trespassing on railroad property, the same was held as stated below:

Continue reading "2 Men Struck And Killed by Train In Ohio" »

A fatal railroad collision between a car and a train near the U.S. 71-B in Arkansas has investigators wondering why active warning signs were not at the railroad crossing. The crossing, lacking flashing lights and hinged road-blocking arms, is a dangerous intersection that is, according to the department of transportation, unlikely to have warning signals installed in the near future.

According to the department of transportation, of the 2, 700 railroad crossings in Arkansas, 70 percent do not have active warnings. At such railroad crossings, the only warning may be the sound of the conductor blowing the train's whistle about 15-20 seconds before an intersection, which is a state law requirement.

Several aspects of an intersection are examined before a decision is made to install active warnings; the following are often considered:

1. Train Accident history
2. Site distance in relation to vegetation or new construction blocking visibility of the track.
3. Number of railroad crossings on the road
4. Number of trains that use the track daily
5. Speed of those trains
6. Amount of traffic that crosses those tracks
7. Type of vehicles that cross the tracks regularly
8. If the intersections is often crossed by school buses
9. If hazardous materials are usually transported
10. If it is a more frequently used ambulance route

Continue reading "Fatal Train Accident at Railroad Crossing Raises Questions" »

A 17-year-old girl was killed when a southbound Amtrak train hit her in Kent, Washington. The young girl was crossing the tracks while she was talking on her cell phone. Witnesses allege that the girl was simply not paying attention prior to the train accident, while she crossed the tracks.

However, cell phone usage was not the only issue at hand, as the surrounding area also made the tracks difficult to see because the tracks are surrounded by buildings and apartments, and the girl was hit at an unmarked crossing. Authorities say that this is the fifth fatality on Washington rails this year that involve unmarked railroad crossings.

Most marked railroad crossing include flashing lights and a gate, but in some remote areas, tracks may remain unmarked. It is, therefore, essential that everyone exercise caution when coming to railroad tracks of any nature, as surrounding circumstances, similar to the railroad accident above, may make it difficult to see a train.

The Federal Railroad Administration (FRA) typically uses three types of traffic controlling devices at railroad crossings to alert those nearby of a train. The following lists the three devices and details driver responsibility when approaching them:

1. A crossbuck is a type of YIELD sign: the driver should be prepared to stop at least 4.5 m (15 ft) before the near rail if necessary, unless and until the driver can make a reasonable decision that there are no trains in hazardous proximity to the crossing, and it is safe to cross.

2. Operating flashing lights have the same function as a STOP sign: a vehicle is required to stop completely at least 4.5 m (15 ft) short of the near rail. Then, even though the flashing lights may still be operating, the driver is allowed to proceed after stopping (subject to State or local laws), when safe to do so.

3. Flashing lights with lowered gates are equivalent to a red vehicular traffic signal indication: a vehicle is required to stop short of the gate and remain stopped until the gates go up.

Continue reading "17 Year Old Girl Killed Crossing Railroad Tracks" »

A man died from injuries sustained in a car-train accident in Monroe County, Missouri. The man was allegedly driving when his car got stuck on railroad tracks; an electromotive train that could not be stopped struck his vehicle. A passenger in his car also sustained serious injuries. The railroad crossing was not controlled by signals.

The Federal Railroad Association (FRA) has implemented regulations to specifically handle "railroad signal systems." This regulation is in reference to a block signal system, which means an interlocking, automatic train stop, train control, or cab-signal device, or a similar device, intended to promote safety in railroad operations.

The FRA requires that a railroad carrier periodically inspect and test the signal systems and report any malfunctions or accidents to prevent such dangerous events. A railroad carrier is supposed to report to the Secretary of Transportation a failure of a signal system to function as intended. If the failure results in a railroad accident or incident causing injury to an individual or property that is required to be reported, the carrier owning or maintaining the signal system has to immediately report the fact of the accident or incident to the Secretary.

Continue reading "Missouri Man Dies in Car-Train Accident" »

A 24 car cargo train in Orange County collided with a tractor trailer on Monday, temporarily closing East Landstreet Rd. Although he was riding in the back of the train, the conductor suffered serious injuries during the violent Missouri Train Accident, according to police.

The cause of the train accident is currently under investigation. At this time, it is unknown whether the railroad’s crossing bars and lights were functioning properly.

The tractor trailer driver was stopped at the crossing when the railroad crossing arms began to raise. He then began to cross the railroad tracks when the train crashed into the truck. Apparently, the train was backing up at the time of the impact.

During this St. Louis railroad accident, the rear of the train crashed into the driver's side of the semi truck. The force of the impact caused the tractor trailer to flip over and catch on fire from leaked diesel fuel.

It was feared the truck and/or train were hauling hazardous materials when the fire started. An investigation eventually revealed only non-toxic materials were being hauled.

Continue reading "Two Injured in Train vs. Truck Accident" »