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Recent Train Accident Devastates Southern California

 

On September 12, a train accident devastated the San Fernando Valley in southern California. A Metrolink train carrying 225 people crashed into a freight train, causing the country’s deadliest commuter train accident in almost 40 years.

 

An engineer on the commuter train ran a red signal and crashed head on with the freight train. Both trains were moving at approximately 40 miles per hour at the time of the accident, and railroad officials indicated that the track signal was working properly.

 

Tragically, 25 people died in the wreck. There were another 135 people who were injured, 40 of whom were in critical condition. This crash rivals a 1972 Chicago commuter train wreck and a 1993 Amtrak crash in Alabama as one of the most catastrophic railroad accidents in recent years. The 1972 Chicago accident resulted in 45 fatalities, while the 1993 Amtrak crash killed 47.

 

It appears that the engineer responsible for this month’s Metrolink accident may have been texting with a local teenager just before the crash. Nick Williams, the local teen, said he received three text messages from the engineer that afternoon. The last one arrived just one minute before the collision.

Alarming Statistics

 

Railroad accidents frequently cause catastrophic injury and death due to the size of the trains and the speed at which they travel. Unfortunately, these accidents have been on the rise over the last few years. The Federal Highway Administration has found that a train hits a pedestrian or motor vehicle once every two hours.

 

According to the Federal Railroad Administration’s Office of Safety Analysis, there were 13,067 train accidents in 2007 alone. Those accidents resulted in 851 deaths and 8,801 injuries.

 

The numbers for 2008 will most likely turn out to be even more alarming. From January 2008 to March 2008, 4,875 railroad accidents were reported, resulting in 309 fatalities and 3,223 injuries.

 

The most common injuries stemming from train accidents include:

· Brain trauma

· Spinal cord injuries

· Concussions

· Sprains

· Fractures

· Abrasions

· Burn injuries

· Internal and soft tissue injuries

Causes of Train Accidents

 

In 2007, the two biggest factors responsible for railroad accidents were human factors (38.2% of crashes) and track defects (34.94% of crashes). Other main causes of train wrecks include:

· Human error

· Negligence

· Derailment

· Railroad employee intoxicated at work

· Collapsing bridge

· Faulty track or rail inspection

· Defective railroad crossings

· Collision with another train

· Collision with a motor vehicle

· Operator fatigue

· Poorly maintained tracks

· Signal defects

· Excessive speed

What are your Rights?

 

The Federal Employers Liability Act (FELA) protects railroad workers in cases where an accident was caused by negligence on the part of the railroad company. Unlike typical workers’ compensation laws, FELA allows a railroad employee to sue employers in these situations.

 

If you are a civilian who has been injured in a railroad accident, you have rights as well. You can generally sue the party responsible for the wreck and recover all appropriate damages – medical expenses, loss of wages due to injuries, punitive damages when appropriate, etc.

 

The railroad companies are legally responsible for train and track maintenance. Unfortunately, in recent years, many railroad companies have been deferring maintenance on tracks and equipment in order to improve profits. Currently, the number of railroad maintenance workers is half of the total 20 years ago.

 

It is important to consult an experienced personal injury lawyer if you have been involved in a train accident. Hiring a lawyer will ensure that your rights are protected and that you receive a fair settlement for your injuries.

About the Author

If you have been involved in a railroad accident in the Oklahoma City area, please contact the law offices of Stipe & Belote, LLP today for an initial consultation.

Freight Train

where can i learn how to become a freight train or passenger train engineer?

is there a certain school? is there pre-training or schooling i should get first? Is it only on-the-job training? if so, i do i get put on-the-job if i have no idea how to drive one of them? what kind of pay can i expect to start and 5 years into the job? are there only certain states where i would work? how often would i be home? for how long could i expect to be away? How big of a lunch should i pack? do i get to sleep on the train or will i be put up in a hotel? tell me everything and anything you can about this business.

No one hires out in engine service any longer.

Although trainmen (conductors) are considered first, the railroads recruit from other crafts, such as Maintenance of Way. The ticket is to get on with a railroad in any capacity, with the proverbial 'foot in the door.'

As a conductor, when need arises for additional engineers, you may be required to take promotion to locomotive engineer. You get two shots at it. If you fail after the second attempt, your employment will be terminated.

It's not for everybody and the responsibility can weigh heavy on a person. Anyone contemplating railroad employment needs to consider these things in addition to the other downsides, such as absence from home.

Trainmen hire out at 75% of full scale, and after five years can expect to be working at full scale. If working the road, you can expect to be gone at 36 hours a whack, have 10 or 12 hours at home, then gone again for another day and a half.

Bring a big lunch. Even a 'dog catcher' trip (called to relieve a crew expired on the hours of service and bring their train into your terminal) can wind up as a 12 hour trip.

Sleeping while on duty is prohibited, but as long as one person on the crew is alert (while stopped to meet another train on single track) sleeping is tacitly tolerated. If observed sleeping on a moving train discipline will be the result.

All railroads provide away from home lodging, or a lodging allowance if electing to stay in other than company provided lodging. Most motels are OK, but I have been in some flea bags.

Trainmen have system seniority. Engineers don't. So, where manpower is needed, you can be forced to work at that location, whether on an adjoining seniority district or out of state.

The biggest piece of advice I can give is this. The pay is good, so most people fall into 'the trap'. Buy a new car, plane, boat, motorcycle, etc., etc. Then you are trapped and cannot walk away once you have had a belly full. After ten years, you are vested in Railroad Retirement, as you do not participate in SSA. the amount of pension will be reduced and not payable until reaching retirement age, which these days is 67 years of age, with 30 years (360 months) of participation.

The pension is much, much more than the annuities payable through SSA. I retired early, account disability (in this event, you need 240 months paid in to qualify for full pension) after 28 years of service (I hired out 3 days after graduating high scool in 1971) and my annuity is just over $33,000 per year.

But, there are other 'perks' to being an engineer, although they are not measurable. It is you against the machine, and when you get an uncooperative train into town, there is a certain amount of satisfaction that goes along with it. You won. Today.

Another downside, your average engineer, over a 30 year career, can expect to kill three people. It can be traumatic. I know a man who hit a pleasure van full of teenagers on Graduation Night, killing all eight of them. One young girl died as he cradled her head in his lap, a piece of metal driven into her skull.

This is real deal no bullshit stuff and it should not be taken lightly.

If you are the right type of person, your satisfaction will be its own reward.

I wish you well in your endeavor, and keep the wheels on the steel.............