Aerial view of accident site where a 32 year-old pedestrian was killed on May 14, 2012 in Sharon, MA by an AMTRAK passenger train. The train was heading southwest from the route 128 station near Boston, MA towards Mansfield, MA. Photo credit: WCVB.com

The accident occurred at about 4:45 p.m. about 10 miles west of the Route 128 station. The MBTA said that Transit Police responded to a stretch of track between Mansfield and Sharon on Monday afternoon.

Map showing location in Sharon, MA near Foxborough where a 32 year-old pedestrian standing on the tracks was killed by an AMTRAK passenger train.

According to Amtrak, there were 192 passengers on board the train. No injuries were reported at the time of the accident.

Service was restored about two hours later.

The MBTA used shuttle buses for some of its passengers.

The accident is still under investigation at this time.

Posted by railroad injury lawyer Gordon, Elias & Seely, LLP.

GWR is owned by OmniTRAX Inc. and operates 80 miles of track in northern Colorado and interchanges with BNSF Railway Co. and Union Pacific Railroad.

According to the BLET, the new agreement, which expires in Feb. 15, 2015, includes a lump sum allowance that’s retroactive to July 1, 2008, 2 percent general wage increase each year through 2014 and numerous work rule improvements. Union officials said that the contract also preserves the current health and welfare plan.

The workers joined the BLET in October 2003 and ratified their first contract in November 2004.

Source: Progressive Railroading

WATCH VIDEO

Police said the accident occurred near the intersection of Remount Road and South Boulevard on Wednesday night, April 25, just after 8:30 p.m. when a SUV slammed into the back of a car that was stopped at the rail crossing on Remount.

Map showing location of a light rail train accident in Charlotte, NC on April 25, 2012 at the Remount Rd and South Blvd rail crossing.

The force of the impact was so strong that the car then hit the side of the light rail train that was passing. The crossing gates were down at the time of the wreck.

Officials said that the train’s collision with the car was unavoidable.

CATS spokesperson Jean Leier said that three passengers on the train were taken to the hospital with minor injuries. The train’s engineer was not hurt but was also taken to the hospital as standard procedure.

Authorities said that alcohol may be involved, however, the incident remains under investigation at this time.

Source: WCNC.com

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After a long legal battle, BNSF agreed to settle with the families instead of appealing the jury verdict to the U.S. Supreme Court.

“It happened so quickly that I didn’t believe it was true,” said Dave Shannon, whose daughter Bridgette, 17, of Ramsey, was the youngest of the four victims.

John Ambler, BNSF vice president of corporate relations, confirmed Monday that the “judgment has been satisfied” and that the company has “no plans to appeal.”

“We continue to have deep sympathies for the families and are sad for their loss,” he said.

Burlington Northern had 30 days after the March 28 Minnesota Supreme Court ruling to appeal to the U.S. Supreme Court, however it would have been a long shot for the highest Court to hear a final appeal, and filing it could have delayed the conclusion of the case.

The settlement is among the largest wrongful-death settlements ever in Minnesota, surpassing the $25 million stemming from the plane crash that killed Sen. Paul Wellstone nearly 10 years ago.

Source: Star Tribune

Seven Union Pacific cars derail in De Soto, MO on April 24, 2012 damaging about 200 feet of track.

Officials said that seven train cars derailed at about 9:30 a.m in De Soto near the Hopson Lumber Company along South Main Street. No injuries were reported, according to Jefferson County sheriff’s Capt. Ralph Brown.

Location of Union Pacific train derailment in the 900 block of South Main St. in De Soto, MO.

stltoday.com reports:

Mark Davis, a spokesman for Union Pacific Railroad, said the 58-car freight train was transporting ballast rock (the kind that lines railroad tracks) from Iron Mountain, Mo., in St. Francois County to St. Louis when it derailed. He said the railroad’s dispatch center was alerted to the derailment at 9:40 a.m.

Davis said the track is expected to reopen about 11 p.m. Tuesday. The derailment damaged about 200 feet of track. Some of the train’s other cars were sent on St. Louis.

The incident remains under investigation at this time.

Panhandle Northern Railroad, L.L.C is located in Borger, Texas

GENERAL
ALLEGATIONS:

On April 23, 2011, PLAINTIFF was performing his duties of employment as a conductor and attempting to release the hand brake while working in the Borger Yard, 6195 track. The hand brake was an older model hand brake that did not have a release. PLAINTIFF felt he twisted his back trying to get the hand brake to work.

PLAINTIFF:

PLAINTIFF is a 23 year old man who resides in Borger, Texas and is not currently working as a result of this incident.

INJURIES
SUSTAINED:

Due to this accident, PLAINTIFF injured his mid-part of the thoracic spine which radiates into both rib area and low back with radiation into both legs. Dr. Donovan and Dr. Rodriguez have been treating the PLAINTIFF and their recommendation is a Percutaneous Endoscopic Partial Discectomy L4-5.

DEFENDANT:

Panhandle Northern Railroad L.L.C. operations are located in Borger, Texas.

COMMENTS:

Congress passed the Federal Employers’ Liability Act (FELA) in 1908 in response to the high number of railroad deaths in the late 1800s and early 1900s. Under FELA, railroad workers who are not covered by regular workers’ compensation laws are able to sue companies over their injury claims. FELA allows monetary payouts for pain and suffering decided by juries based on comparative negligence rather than a pre-determined benefits schedule under workers compensation.

GENERAL
ALLEGATIONS:

On around or about November 8, 2009, Plaintiff was injured, while walking in the main yard, when he stepped in a “pot hole” that was created due to uneven ballast.

PLAINTIFF:

Plaintiff is an individual who resides in San Antonio, Texas.

INJURIES
SUSTAINED:

As a result of this incident, Plaintiff injured his left knee and underwent an arthroscopic surgery for medial meniscectomy and partial lateral meniscectomy with chrondoplasty of the patella. Due to continued pain and swelling, a repeat MRI was done showing a torn posterior horn of the medial meniscus. A revision left knee arthroscopy was recently done to perform a partial medial meniscectomy, chrondroplasty and related procedures.

DEFENDANT:

Kansas & Oklahoma Railroad LLC is a Kansas corporation who maintains a place of regular business in Wichita, Kansas.

VENUE:

This case was originally filed in the Eighteenth Judicial District Court of Sedwick County, Kansas.  It was recently moved to the Ninth Judicial District Court of McPherson County, Kansas where it is currently pending.

COMMENTS:

A ballast is what forms the trackbed upon which railway sleepers or railroad ties are laid. It is packed around the ties, between and below. It is used to make the drainage of water possible and to distribute the load from the railroad ties. It is also used to keep vegetation down and from interfering with the track. The ballast also helps to hold the track in place as the trains pass by.

Three factors must be present for an injured railroad worker to collect damages against his employer under FELA.

• One – the employee must be injured while in the course of his employment. As long as he is in the course and scope of his employment it does not matter if he is on railroad property or not. The railroad employee is protected regardless of whether he is on railroad property.

• Second, the railroad must be engaged in interstate commerce. Mostly all of the duties of employees of interstate railroads are for interstate commerce.

• Third, it is required that any injury suffered by an employee be due to negligence on the part of the railroad.

A CSX train and a South Shore Freight train crashed into each other in Gary, IN at a switch where 3 tracks run side by side near the U.S. 12 overpass.

Media reports say that both workers were taken to the hospital, but were later released with non-life threatening injuries.

The collision occurred just before 7:00 a.m. Sunday morning, April 8, at Old Hobart Road and Atcheson Drive near U.S. 20. The crash derailed several box cars and flatbeds carrying truck trailers. The Gary Fire Department said that they were notified of the derailment about 6:53 a.m.

Map showing location of train crash at a track switch near Old Hobart Rd and Atcheson Dr in Gary, IN near the U.S. 12 overpass.

Police blocked off Old Hobart Road/Miller Avenue and another railroad crossing nearby as CSX train crews inspected the tracks.

Gary Fire Department Chief Teresa Everett said the first thing crews arriving on scene did was to assess what kind of cargo the trains were carrying to make sure that there was nothing hazardous or life threateneing. Crews reported that they found nothing dangerous.

“There’s a lot of heavy equipment back there, and the cleanup is going to take some time,” Everett said. “We haven’t determined what substances were on the train, but there appears to be nothing hazardous at this time.”

According to the myfoxchigago.com video, the Gary Fire Department said that the accident was caused by  a faulty switch gear.

The incident remains under investigation at this time.

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BNSF railroad workers gather in Knoxville, TN on Tuesday, March 27, 2012 to replace railroad ties. Photo credit: KNIA/KRLS News

The work is part of BNSF’s scheduled and routine maintenance program. Crews gather in Knoxville, TN, and involves approximately 50 persons from throughout the nation.

Map shows Knoxville, TN location where BNSF railroad workers gathered to replace railroad ties.

BNSF officials told KNIA/KRLS News that the maintenance is routine, and not part of any effort to expand services in the county.

Source: KNIA/KRLS News

According to Lt. Gov. Timothy P. Murray, the $100 million project is part of a private-public partnership between the state and CSX to reposition its freight operations in Massachusetts, so the rail line between Worcester and Boston can be opened up to more commuter trains, with a goal of eventually reaching 20 to 25 commuter trains per day.

The freight yard will have seven different kinds of retaining walls and a bridge will allow trucks to drive up and over Franklin Street. They are using a total of six cranes to assist in the movement of soil and other things.

CSX officials put a 10-foot-long map of the project on the wall, which showed, in intricate detail, where trucks and trains will come into the freight yard, where the cranes are, and the location of four new buildings. Each truck coming into the yard from Grafton Street will receive a bar code, which will direct it to the area of the freight yard where its load awaits.

According to CSX officials this will allow Worcester to become a hub for all of New England.