Blog Topic

Civil Lawsuits Filed in Los Angeles County Train Accident Case
April 29, 2008

61 victims of the train accident that occurred in downtown Glendale, California, in which Juan Manuel Alvarez parked his Jeep Grand Cherokee on the tracks in an unsuccessful bid to commit suicide, have filed a civil lawsuit against the Metrolink and the Los Angeles County Metropolitan Transportation Authority.

The arguments in the lawsuits include the fact that better safety measures would have prevented Alvarez from accessing the tracks. They also mention that the controversial push-pull system, which has many rails safety experts upset and calling for its elimination, played a huge role in the train accident.

On January 6, 2005, Alvarez, who had been estranged from his wife, parked his Cherokee on the railroad tracks. His intention, he later told police, was to kill himself when the train crashed into his vehicle. Things went the way he planned, at the beginning. He parked his Cherokee, and the train came barreling toward him. When the train accident occurred, there were 11 people dead and more than 180 passengers injured. Alvarez, however, was still alive. Apparently he had aborted his suicide attempt at the last minute, but did not or was not able to move his Jeep.

In the weeks that followed, investigators mulled over whether the man intended to kill anybody else or not, and what his real intentions were. A criminal case was filed against him, and a trial is set to begin.

Meanwhile, a civil trial that seeks compensation for victims of the train accident puts much of the blame squarely on the Metrolink and the Los Angeles County Metropolitan Transportation Authority. While the media has made a splash about Alvarez' role in this tragedy, attention has been focused away from one of the deciding factors in this crash - the push-pull system, which was operating at the time of the train accident.

The push-pull system has been found by rail safety experts to be very dangerous, with great potential to cause deaths and injuries in a train accident when the engine is at the rear end. So great is the danger, that the passenger cars that are leading the train are often called "coffin cars" to denote the slim possibility of surviving a crash. The Brotherhood of Locomotive Engineers and Tradesmen have been lobbying for an end to a system they say puts passengers at unnecessary risk of fatality in a train accident. In experiments conduced, it was seen that in crashes where the engine was pulling, the damage to passenger cars was minimal, and very few of them toppled over. When the engine was pushing on the other hand, passenger cars were thrown about and suffered major damage.

The reason why the system is still in place is because the other alternative is too expensive. This is just another instance of agencies putting profits before safety of the passengers. When tax payers ride a train they don't expect to be hurt in a train accident because the agency hasn't seen fit to use those tax dollars and train fares to design and implement a safer system. Regardless of Alvarez's lunacy and whether he meant to cause the crash or not, the LACMTA has a lot to answer for. We hope this lawsuit will be the beginning of long over due changes in the rail systems.

If you have been injured in a train accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.

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Defective New Jersey Transit Trains Cause Anxiety
April 11, 2008

If there were ever any indication of a terrible tragedy just waiting to happen, this would be it. At least six incidents of doors opening while the train was in motion have been reported on the New Jersey Transit trains. In most of the incidents, passengers were standing in the vestibule just inches from the doors, when the doors opened on their own. They remained open for almost a minute until conductors came scurrying to close them.

According to the NY Times, opening doors have not been the only terrifying ordeal passengers on New Jersey Transit trains have faced in the past two months. In February, as a train left the station, the third and fourth passenger cars came uncoupled leaving them unhooked to an engine. Both these types of incidents have not claimed any lives, at least not in recent times.

In 2006 however, a man was killed when he was caught in the doors of a New Jersey Transit train and then dragged along the platform. His family filed a lawsuit against New Jersey Transit, and the agency promptly fired two conductors and an engineer who were working on the train. According to Patrick Reilly, chief of the United Transportation Union, which represents the conductors, the two conductors were made scapegoats in the incident. The fault, he claims, lay with the faulty and inadequately maintained trains themselves.

Reilly is turning into a strong voice for more safety and maintenance checks on New Jersey Transit trains. It seems that in an attempt to better on-time performance records, New Jersey Transit is turning a dangerously blind eye to the maintenance of its equipment. Cars that should be in the yard or being serviced are routinely pressed into service, Reilly claims. To optimize efficiency, car models are sometime mixed up, leading to synchronization errors which were probably what caused the passengers cars to come unhooked from the engine back in February.

All these facts are frightening, and point to a disaster just waiting to happen. As recently as March, a man was caught between the train doors, but managed to extricate himself. What if he hadn't been able to free himself? Worse still, what if it had been a child trapped? Do we really have to wait until there is a horrible tragedy before we take action?

Thousands of passengers take transit trains every day to get to work. With the responsibility of so many passengers resting on the quality of its machines, New Jersey Transit has a responsibility to make sure that passengers are safe. Doors opening six times in two months is too large a number for comfort. The attitude of New Jersey Transit has been far from satisfactory, according to the NY Times report. Officials seem to be more concerned about painting a rosy picture of the safety scenario at the agency, than addressing the potential dangers of the issue. We hope the next time we read about this story, it will be about the trains being overhauled and serviced, not about an accident that didn't have to happen.

If you have been injured in a train related accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for afree consultation.

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Settlement in Train Accident in Graniteville, South Carolina
April 08, 2008

Avondale Mills and Norfolk Southern have settled for an undisclosed amount in lieu of the $420 million that Avondale Mills was claiming. The settlement is related to the train accident in Graniteville, South Carolina in 2005 that Avondale claims led to the closure of its mill.

When the train accident occurred on the night of January 6, 2005, rail cars containing deadly chlorine gas exploded. The gas leaked into the air infiltrating the atmosphere across the part of town close to the mill where people were still soundly asleep. Mill workers sleeping at Graniteville's mill remember waking up to find thick gas seeping into the mill. Apparently, the large ventilator fans had sucked the gas right into the mill. Nine people died, 8 of them as early as within an hour after the incident.

Those who died were mourned by their loved ones, and those who were injured were treated for their injuries, but the town of Graniteville effectively died the day of the accident. The toxic chemical spills that occurred when the rail cars exploded required cleaning up, and most of the mill's 1600+ workers were put to the task. With no workers to run the mill, Avondale had to close it. The mill employed many in the town, and with its closure, Graniteville began slipping slowly into neglect and despair. A group of investors are currently looking at proposals to stimulate economic growth by investing in the area, but as of now unemployment rates are still high. In this town, the boom from the railroad car explosion reverberates still.

At the time of the accident, railroad cars were exempt from safety measures that require notification to local emergency services when hazardous materials were being transported through the area. The Graniteville disaster led to changes in rail safety measures through out the country. The city of Columbia has implemented what it calls a "reverse 911" system that sends warning messages to all telephones in the danger zone. There are also reports that text message providers are also grappling with the technicalities of such a service to cell phone users. Earlier, railroad officials were solely entrusted with safety measures for transport of goods. Now federal officials have taken over many of the procedures, and railroads can be held accountable and liable for non-compliance.

Safety standards for railroad cars containing hazardous material such as those that exploded in Graniteville have been revised, and made more stringent. For citizens of Graniteville who have had their immediate surroundings polluted by the chlorine spill, the US Environmental Protection Agency has announced a grant to conduct an assessment of the soil in and around Graniteville.

While these are all welcome steps, they don't address the immediate desperate needs of the Graniteville people. These are people whose livelihoods have been shattered, and are in danger of falling off the public radar as more and more time goes by, and people forget about the tragedy at Graniteville.

If you have been injured or a loved one has been killed in a train wreck, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.

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Investigations Begin into Cause of Train Wreck
March 26, 2008

Investigators are looking for answers into how a freight car came unhinged while parked on a siding and rolled onto the tracks causing what could have been a very tragic accident. The only reason passengers on the MBTA commuter rail didn't suffer even more severe injuries or fatalities was the quick thinking and action of the engineer who was alerted to the presence of another car on the tracks.

No one knows how the freight car became unhinged and began to roll, but at some point it appears that the boxcar, which was loaded with lumber and sitting on a rail siding off track, became loose and began to roll down and onto the passenger rail track on which the commuter train was traveling. An engineer was alerted by a track signal that there was something else on the track and heading towards the train. He immediately bought the train to a halt. He then got passengers who were seated just behind the engine and who would suffer the most from the impact of the crash to move from their seats. A few moments later, the boxcar hit the train.

As many as 150 people have been reported injured from the impact of the crash, although it's entirely possible that there were many more. Many of the injuries had to do with broken noses, gashes on heads, broken wrists and neck sprains, and some of the injuries reported were very serious. The number of "walking wounded" is also expected to be quite high, as many passengers might probably have preferred to go straight to the comfort of home instead of reporting their injuries.

All seem to agree that the accident could have been much worse had the engineer not acted as he did.

The immediate aftermath of the accident was traumatic according to many of the passengers. There was panic, and many of the passengers tried to smash open windows to make their way out. The crash also sparked off a bush fire right outside the doors and this bought smoke right in to the train. This obviously caused even more panic as people tried to battle the flames outside the car.

It safe to assume that the boxcar, loaded with heavy lumber, did not magically decide to roll its way down a passenger rail track. Negligence is plain to see in this case. Obviously, safety precautions were not followed when the boxcar was placed on the siding. In other words, there was definitely someone to blame for a freight car loaded with lumber breaking loose.

In the coming days we are sure to find out more about this accident as more details emerge and more passengers come forward to recount their side of the story. In the meantime, passengers who have suffered severe physical and emotional trauma are entitled to compensation for their injuries.

If you have been injured in a train wreck, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.

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Human Errors caused Fatal Train Crash
March 20, 2008

A train dispatcher who was too busy elsewhere to provide signaling, a crew that didn't see it fit to use a signal device on the track to warn trains, and an engineer who was flying high on marijuana - these are apparently the sort of "human errors" that caused the death of two workers during the collision of a company train and a maintenance truck in Woburn, Massachusetts last year.

According to a report by the National Transportation Safety Board, these costly human errors were responsible for the crash. The accident occurred on January 9, 2007, the Massachusetts Bay Transit Authority train 322 was traveling southbound, when an engineer received the all clear as he passed a curve in the tracks. The speed of the train at that point in time was 62 miles per hour. Right ahead was a track maintenance vehicle. The engineer apparently slammed on the brakes and managed to reduce the speed somewhat, but the train crashed into the vehicle at 44 miles an hour.

The engineer, James Zipps, and a maintenance worker, Christopher Macaulay, who were inside the truck died. Two other maintenance workers, John Hickey and Edwin Olsen, were injured seriously. Blood tests later revealed that Zipps had been under the influence of marijuana.

The National Transportation Safety Board, which conducted an investigation into the accident, had revealed a number of mistakes that occurred though out the process. Almost all these mistakes were overwhelming in the amount of negligence they showed, and we have the foresight of the train driver to thank that the number of casualties was not greater. At least 10 passengers were injured, however.

According to police and emergency workers, who first arrived at the scene after the crash, it resembled a war zone. There was wreckage lying all around and helicopters flying overhead. The passengers on the train and the maintenance workers who survived had their good fortune to thank that their injuries were not life-threatening. In all there were 43 passengers on the train.

The workers had reportedly been working on the track since about 9:45 am that day. Other trains that were scheduled to pass through the area had all been diverted onto other tracks. At the time of the crash, it was matter of amazement as to why the train was allowed to remain on track. Now we know the reason. There was negligence on all levels.

The track dispatcher had removed the block on the track segment where it had been placed to warn incoming trains. This cleared the way for the train to rush right into the track segment. There was also a shunting device that's to ensure that signals remain red, no matter whether the dispatcher performed his duty. Surprisingly, even this was not followed according to procedure. Then we have the frightening instance of a track maintenance engineer being under the influence of drugs while on duty. There was obviously more than a little clouding of judgment in his case.

If these are the kinds of maintenance and safety standards being practiced, we need to be very concerned about the safety of passengers on commuter trains.

If you have been injured in a train accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.

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San Francisco's Muni Rail Accident Toll Mounting
January 18, 2008

San Francisco's cityscape would be unimaginable without its streetcars. The Munis run by the San Francisco Municipal Railway are an important means of transport for the city's residents.

In recent years, however they have become a source of death and injury, with one particularly grisly death marking the first of the year. A man was dragged by a Muni streetcar for close to two blocks after he tripped and fell. He died instantly.

Muni-related fatalities have been on the increase in recent years. 2007 was a particularly tragic year - a total of 8 people were killed by Munis. In at least three of the cases police say, the pedestrians were at fault. In one however, a Muni driver was charged with vehicular manslaughter, and in two other accidents, blame hasn't been determined yet.

The Municipal Transportation Agency, which is in charge of the Munis says drivers who have been involved in fatality-causing accidents are forced to undergo retraining or even fired outright.

Strangely there's no information forthcoming when asked what happened to Cecilia Hariston, a driver who was charged with vehicular manslaughter in the death of Kenji Sujuki. It does seem like the Municipal Transportation Agency isn't saying all it knows about certain accidents. They say it doesn't make it easier when Munis, pedestrians and cars, all jostle for space on the same roads.

There are other factors besides pedestrian carelessness to blame here. Areas like the intersection between Ninth Avenue and Irving Street are particularly prone to Muni-related accidents. Locals have been pressing city officials to make changes to the intersection to avoid the dangers of pedestrians being run over, but without much success.

If you or a family member has been injured or killed in a train accident, you need the experience of a California personal injury attorney on your side. Contact a lawyer at The Reeves Law Group for a free consultation.

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Train-Car Crash Victim's Family Files A Lawsuit Against Kern County
January 07, 2008

On November 29, 2006, Rafael Marin Carrillo was killed when a train hit his car at the tracks near Kratzmeyer Road and Santa Fe Way in Bakersfield, California. Next week, a lawsuit filed by Christina Marin and Carrillo's children goes to hearings. The lawsuit has been filed against the Burlington Santa Fe Railway, the county of Kern and the state of California.

The lawsuit alleges that the intersection was dangerous because crossing bars that would have prevented cars from driving over the tracks when a train was nearby were not in place.

Even more disturbing, the lawsuit alleges, among other things, that the railroad, county and state governments knew that there was a problem that needed to be fixed and yet, they chose to "point fingers" and assign responsibility to each other, without fixing the problem. They did this to avoid or shift the cost of fixing the problem, which, as it all too frequently does, lead to tragic consequences.

Carrillo wasn't the first person to be killed at the intersection. On February 17, 2005, 79-year-old Mary Young Williams was killed at the exact same spot.

It appears Kern County train officials are making attempts to rectify the situation. In order to prevent future accidents a median has been added to the intersection courtesy of the county, and the railroad company installed the much-needed crossing arms.

Too bad it was a little late for Rafael Carrillo and Mary Young Williams.

If you or a loved-one has been injured or killed in a train accident, you need an experienced California personal injury attorney to represent you. Contact The Reeves Law Group immediately for a free consultation.

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Delano California Mayor's Brother Killed in Train Accident
November 27, 2007

In a horrific accident on November 26th, a man was killed when his pickup truck was struck by a train, just north of Bakersfield, California. The accident took place at Merced Avenues near Highway 43 between Shafter and Wasco. The time was about 10:15 am.

California Highway Patrol officials now confirm the victim was Martin Ayon Rios, the brother of the Delano Mayor Pedro Rios.

Exact details of the crash are still being investigated. The railroad crossing was not equipped with gates to block traffic when a train passes through. The crossing where the collision occurred is one where state Senator Dean Florez has pushed to the installation of crossing arms. The Kern County Roads Department is due to install gates at the crossing sometime next year.

If you have been injured or a loved-one has been killed as the result of a train accident, contact the California train accident attorneys at The Reeves Law Group for a free consultation.

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Yet another Train Accident Death at Hayward, California
October 04, 2007

Ahmad Rahimi, a 16-year-old Hayward, California student on his way to school, was killed last week after being struck by an Amtrak passenger train while he was trying to cross the railroad tracks along Huntwood Avenue. There is no barrier separating the tracks from the nearby residential neighborhood.

The fatal train accident has put the entire populace of Hayward on an alert. Parents have joined together to place warning signs along Huntwood Avenue - that runs parallel to the railroad tracks - to caution the pupils about the possible hazards. Students have also started a petition urging the Hayward Unified School District to plan for an alternative and safer route for them to access the rear entrance of the school campus.

According to the Oakland Tribune, this is at least the fifth fatal accident in the same vicinity. In February 2005, a 14-year-old Hayward student was also struck and killed by an Amtrak train in the same area. Her family filed a wrongful death lawsuit, claiming that a lack of supervision by school officials at the Huntwood gate lead to the student's death. The family recently accepted a $200,000 settlement from the school district.

If you have been the victim of a personal injury or a loved-one has suffered a wrongful death as the result of a train accident in California, contact the personal injury attorneys at The Reeves Law Group for a free consultation.

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Train Accident Injures 7 People in Highland Park
September 13, 2007

According to the Los Angeles Times, a Gold Line light train crashed into a pickup truck on Tuesday morning. The accident occurred at 8 am, during the morning rush hour and injured seven people including the driver of the pickup truck.

The driver of the truck was taken to Huntington Hospital in Pasadena, California with major injuries. He was reported to be in a critical condition, with the possibility of internal injuries. Six other passengers were treated for neck and back injuries. The passengers included a sheriff's deputy of the Los Angeles County, and a woman who jumped off the train when it crashed into the pick up, and fractured a leg.

According to the Los Angeles City Fire Department, the train carrying 60 passengers on board crashed into the pick up when it tried to beat the train at the crossing. The crossing reportedly has no gates, only bells and lights to warn drivers of incoming trains. Officials believe the driver either didn't pay attention to the signals along the Gold Line or choose to disregard them altogether.

Train crossings are the most dangerous part of any railroad, so it is always critical to be cautious around these areas. Always listen for an oncoming train and strictly follow all signs and signals. A train can take more than a mile to come to complete stop after an engineer activates the emergency brakes, so it is motorists' responsibility to do everything they can to avoid the kind of tragedy that happened in Pasadena.

Being involved in a train accident can be a traumatic experience. If you or your loved ones have been injured as a result of an accident caused by a negligent disregard for safety rules, you might be entitled to compensation for your medical bills and lost wages. Call the attorneys at The Reeves Law Group for a free consultation.

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Train Accident Kills Sacramento, California Residents
September 05, 2007

A Sacramento, California woman and her 9 year old daughter were killed on Monday when their car crashed into a Union Pacific train in Davis. The woman has been identified as 35 year old Kahjaa Lauree Taylor and her daughter has been identified as Taylor Ward.

The railroad accident happened at around 10.40 pm when the train collided with Taylor's car near County Road 105 in Davis, California. Early investigations have yet to determine the cause of the fatal crash. The California Highway Patrol is conducting a parallel investigation to ascertain the causes of the accident.

This wasn't the first crash involving a train in the area. A man was killed by an Amtrak train over the weekend. His body was discovered on the tracks near Kendall Way. The man whose identity is not known appeared to have been struck by the train.

The most common way to be injured by a train is on a crossing, so it is vital to always be alert when approaching train crossings. Always follow signs and signals, and never, under any circumstances, stop on the train tracks. If your car stalls on the tracks, be sure to push it out of the way immediately if there is not a train approaching. Remember, after a train's emergency brakes are applied it can still take over a mile for the train to stop.

Sometimes, despite taking every precaution, innocent victims can be injured in a train accident, due to engineer error, poor safety measures at crossings, or a number of other factors. If you've been injured or lost a loved one in a train accident, call the personal injury attorneys at The Reeves Law Group for a free consultation today.

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