Rail Road Accidents

It is predicted that this holiday season will be a very busy time for Florida roads. The American Automobile Association (AAA) says more than 4 million Floridians will travel on our roadways this holiday season, up 1.8 percent from 2010.

The latest Federal Railroad Administration crash data shows that crossing the railroad tracks in Florida is somewhat safer than it has been in the past.

Injuries and the number of vehicle-train crashes dipped during the first nine months of 2011 when compared to the same time period last year.

Florida had 40 railroad crossing accident from January to September that resulted in six deaths. Broward County had two deaths and five crossing accidents while Palm Beach County had five accidents and one death to report, according to The Sun-Sentinel News.

Florida was just one of 10 states that was ordered to reduce train and vehicle collisions by coming up with a plan over the next five years. Part of the improvements include making it safer for pedestrians to cross the tracks. Some advice from the group, Operation Lifesaver, that promotes safety around trains includes:

• Expect a train at any time. Be sure to look both ways.
• Avoid cell phones, ear phones, and any other distractions. You must be able to hear an approaching train while driving or walking around rail road tracks.
• Do not hesitate for a moment while crossing tracks. Be sure to get to the other side as quickly as possible and don’t stop on the tracks. Wait until you or your vehicle clears the rail road area.

The Florida auto accident lawyers at Farah & Farah understand the serious nature of railroad accidenrs and can help you seek compensation from parties responsible for your injuries. Call our offices today at (800) 533-3555.

Source: http://www.sun-sentinel.com/news/broward/fl-rail-crossing-safety-20111226,0,6043231.story

A man from Mandarin died October 9 when his pickup truck collided with an Amtrak train in South Carolina, according to the Florida-Times Union. The collision occurred when the man was on a hunting trip and he attempted to cross the railroad track at the crossing gate at U.S. 52 in Florence County around 5:40 a.m. The Amtrak train was bound for Miami and the collision occurred between Columbia and Myrtle Beach, South Carolina.

Our sincere condolences are extended to the man’s family and friends.

Accident Statistics
The United States has 136,041 public railway at-grade crossings and only about 42,000 have gates; 22,039 have flashing lights, and 1,196 have traffic signals that include bells and warnings when a train approaches. According to the Federal Railroad Administration, Florida had 14 railroad track collisions in 2009 that resulted in 10 fatalities, and 19 injuries. At least 19 trespassers died on Florida railroad tracks, and 8 were injured. South Carolina had 41 collisions where roads and rail road tracks intersect that resulted in 6 fatalities, and 14 injuries. Additionally, 6 trespassers were killed on railroad tracks and 3 were injured in South Carolina.

Liability Issues
The news article gives no further information as to what may have contributed to this fatal Florida train accident. An experienced Florida personal injury attorney would want to know if the train used its warning horn and hit the emergency brake; if the lights, gate, and bells were working; and whether the man’s pickup truck stalled on the tracks.

Farah & Farah has been representing people injured at train crossings, whether on foot or in a vehicle for nearly 30 years. Let us ask the tough questions and launch a comprehensive investigation into your Florida personal injury accident.

A train killed three teenage girls on Melbourne Bridge in Florida. It happened on February 20th, Saturday night when the girls were walking over the Melbourne trestle and were struck by a southbound train on the Crane Creek railroad trestle around 6: 30 p.m. Initial reports said two juveniles were in the water, about 20 feet below the bridge, but ultimately the bodies of three young teens were found just off the tracks. A fourth juvenile male was interviewed at the scene to find out what happened.

Our condolences go out to the families of these young girls. Two were eight-graders at Southwest Middle School. The other was just 15-years-old.

Accident Statistics
The deaths remind us about the importance of being safe at railway crossings. Between January 1999 and December 2009, 22 people classified as ‘trespassers’ lost their lives on Brevard County rail tracks, according to the Federal Railroad Administration. These mark the first railway fatalities in more than a decade of someone under the age of 15 in Brevard County.

Pedestrians are supposed to cross only at a railroad designated pedestrian or roadway crossing.

Liability Issues
The train had reportedly sent out its warning horn and hit the emergency brake, then stopped at the scene. How and why they were killed is the focus of Melbourne police and Florida East Coast Railway officials, which operates the train involved. It spent Sunday measuring the scene. The girls had reportedly been taking pictures on the track and cross the trestle to get to the beach.

One question for investigators is why the girls did not react sooner to get off the track. Was there clear visibility? Were warning signs adequate? Why did they not hear or feel the train coming sooner? What speed was the train going?

If I was a member of the family, I would ask for an independent investigator and a Florida accident attorney to help determine the adequacy of the warning signs posted. The FEC says ‘no trespassing’ signs are posted at crossings because of the potential for danger. Were the warning signs adequate? “Private property: No trespassing” signs are bolted to small concrete pillars warning people to stay off the tracks, but they are battered and rusting, Florida Today reports. And the bridge has no railings or fencing. East Coast Railway has launched its own internal investigation to probe whether it was following proper procedures.

No one knows why the girls didn’t jump into the creek below when they saw the train. It is thought that they panicked and thought they could outrun it. Trains travel too fast to do that and that particular bridge runs about 650 feet and is about 20 feet above the water. A man fishing under the bridge said he heard the sound of brakes then a girl screaming and crying. Florida East Coast Railway released a statement to the media Sunday, February 21, expressing their sympathies.

Source:http://www.floridatoday.com/article/20100221/NEWS01/2210317/Train-kills-3-teenage-girls-investigators-comb-crash-site

It was just last month when we reported on the high school football hero from Clay County, Florida who was hit and killed by a CSX train while he was fishing off the trestle.

Now another area person has been hit and killed by a train.

It happened just before 11 a.m. Friday.  The man or woman was driving just off of Phillips Highway. A witness says the person tried to drive around the railroad crossing arm that is intended to keep you out of harm’s way!

The driver was killed instantly.

Railroad or train accidents are considered common carrier accidents and often the carrier is held responsible if there is any negligence.

But when a person tries to drive around a clearly visible rail road crossing arm that is blocking the vehicle, the negligence standard may not apply.

Read the rest »

The 17-year old Clay County high school football player who was struck and killed by a train last month was doing what many people in the Black Creek area regularly do- fish from the railroad bridge.

Wesley Whiddon Jr. was killed May 14, when he could not escape the CSX train that had just rounded a corner. His two friends jumped off the train trestle and suffered minor injuries.

Now his mother is suing for wrongful death and is blaming the railroad and its senior road foreman of engines.  

Read the rest »

Mourners from Orange Park said goodbye this week to a Clay County athlete killed in a train accident.

Wes Whiddon, 17, and two friends were fishing from a train trestle right next to SR- 220. A CSX train approach.  All three of the teens tried to get out of the way but Whiddon could not.

He was killed immediately, his two friends were hurt. 

Read the rest »