Virginia Beach Personal Injury Lawyer - Mass Transit (Airline, Cruise Ship, Train, Bus)

Three People Injured After Virginia Beach Plane Crashes in South Carolina

Jim Lewis — Tue, 10 Nov 2009 09:59:48 GMT

A multi-engine Beechcraft B200 King Air airplane crashed before arriving at the runway of Greenville-Spartanburg International Airport in South Carolina (SC). Three people were injured including the pilot and two individuals employed by Stevens Aviation, according to The Virginian-Pilot.

The pilot was employed by MTDR Holdings LLC, a Virginia Beach company which the airplane is registered with.

We dont know how badly the three men were injured, but I hope they pull through. As a licensed pilot, Ive always worried about the risk of a bad landing turning into a bad accident. Its terrible to hear when this scenario comes to fruition.

We know the plane hit a guardrail while trying to land, but further details regarding the accident havent been released. Well have to wait and see what the Federal Aviation Administration has to say in their accident report.

This isnt the first time this model airplane was involved in an aviation accident. Back in September a B200 crashed at Hayward Airport in California.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Federal Railroad Administration - Railroad injuries statistics down, but deaths increased:

John Cooper — Mon, 26 Oct 2009 14:23:19 GMT

Railroad workers are hard working individuals, in a physically demanding and strenuous job. Although there is a belief that unsafe and poor work conditions are a "occupational hazard," no one should have to work under less than safe conditions. Railroad workers are a group of employees protected under the Federal Employers Liability Act, or the FELA, which was enacted in 1908. This act protects employees from unsafe work conditions, and fellow-employee or employer negligence. Railway workers are faced with long hours, inadequate help, poor job site maintenance, and other possibly unsafe conditions that could cause injury, accidents, and even death.

Railway employees work with many different kinds of equipment, varying in age and state of repair. Employers must provide their workers with adequate equipment in good repair, many railway workers are faced with employers that do not wish to purchase new equipment which may risk injury to the employees that are forced to use outdated machinery and tools.

Railway workers are also constantly stretched on employee staffing and work hours. The railway industry is constantly busy and running at all times of the day. As a result of this, there are time crunches to finish jobs with the employees available. With the current economic crisis, many employers are reducing their staffing as well in order to save on payroll. These furloughs or layoffs sometimes force employees to work alone on jobs that should be done by multiple people. As a result, mistakes and dangerous work behavior can arise.

In fact, railway injuries and deaths are currently on the rise, at a time that many industries have declining injury rates. In 2008, the Federal Railroad Administration which maintains statistics on the railway industry reported that there were approximately eleven thousand injuries in the first eleven months of the year.

For more information on railway injuries and railway injury law, please visit the website of Shapiro, Cooper, Lewis and Appleton, a firm with a rich history of railway injury advocacy for folks hurt on jobs on the tracks. (http://www.hsinjurylaw.com/practice_areas/railroad-accidentsinjury-occupational-injuriesdiseases.cfm) If you, or someone you know has been injured as a railway employee, please do not hesitate to contact someone who can represent you properly and make sure you receive the compensation you deserve.

Originally posted at InjuryBoard by John Cooper

Defects in Railroad Cars Give Rise to Automatic Liability Under the Safety Appliance Act

John Cooper — Thu, 17 Sep 2009 15:52:23 GMT

The Railroad Safety Appliance Act (49 U.S.C section 20301-20303) which was enacted in 1893, made air brakes and automatic couplers mandatory for all railroad trains in the United States. The Act marked a noticeable drop in railroad accidents on the American railroads. The first two sections, deal with the issue of safety equipment like secure handholds, air brakes and couplers, and the third section deals with companies that conduct business with trains not complying with the first two sections.

The law requires railroad cars to have handholds, ladders and grabirons in good condition. It outlines that a locomotive engineer should be able to control the train speed with automatic brakes and not require a brakemen to use a hand brake in order to slow the train.

The act requires the train company to equip all of its trains with automatic couplers. These couplers must be able to couple and uncouple train cars automatically without men needing to walk in between the train cars in order to uncouple them manually. This allows for “greater security to men in coupling and uncouple cars.” Going between cars is a big risk for losing an arm or leg or getting killed.

This federal safety rule states that it is unlawful for companies to conduct business with those train companies or persons that do not comply with the Railroad Safety Appliance act.

Rairoad companies are held liable for ensuring the equipment is in proper working order. If a handhold or any other equipment is defective then negligence does not need to be proved in order to show liability on the part of the railroad company. Even the fault of the railway worker personally is inadmissible in court as a defense for the railroad company. Thus, the Safety Appliance Act effects nearly absolute liability on the carrier. Only if the injured worker was the sole cause of the accident can contributory negligence bar recovery.

So, safety appliance cases are some of the best cases under the FELA, the Federal Employers Liability Act, which covers railraod employees who get hurt or killed on the job. If the reason for the accident was a coupler that did not work correctly, that can be a very strong case. The key is proving the defect, so it is critical that the train crew, typically a conductor, report the injury immediately and identify the faulty equipment.

Originally posted at InjuryBoard by John Cooper

Plane Accident Kills Pilot in Virginia Beach

Jim Lewis — Sun, 13 Sep 2009 16:50:00 GMT

Five airplanes were practicing for an aerial demonstration. Everything was going smoothly until the very end. One of the five planes failed to properly pull up while in descent and crashed killing the pilot in Virginia Beach, Virginia (VA).

My deepest condolences go out to the pilot’s friends and family.

It turns out the pilot suffered from a cardiac condition and became incapacitated during the flight, according to Aviation News. What’s troubling is that the Federal Aviation Administration (FAA) knew about the pilot’s medical issues and denied his application for a medical certificate on an earlier occasion. Granted, the pilot falsified information on at least three applications for medical certification regarding his evaluation and treatment for cardiac conditions.

As an injury lawyer who’s represented people in plane accidents, I think it’s so tragic when incidences like this occur and it's clear something should have been done in terms of monitoring the pilot's flight activities.

The medical records indicate a protracted history of chest pain, an enlarged heart, and intermittent atrial fibrillation. The pilot was using a blood thinner and beta-blocker medication to reduce their heart rate, and was using an alpha-blocker medication that also reduced blood pressure. If the pilot had these medications in his system during his flight, they could have played a role in his sudden incapacitation while in the air.

For many pilots, participation in a cardiac rehabilitation program is essential to achieve the minimal functional capacity in exercise testing, document tolerance of medications, and achieve successful rehabilitation in order to obtain the certification the pilot who died had such trouble attaining.

A full investigation needs to be conducted to see how much the FAA knew at the time this pilot was allowed to fly a plane. It’s pretty clear he should not have received authorization given his physical ailments.

http://www.youtube.com/watch?v=41pnyX8umoY

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis

D.C. Metro Worker Killed While Repairing Metro Track

Rick Shapiro — Wed, 12 Aug 2009 22:53:00 GMT

The tragedy surrounding the Washington, D.C. Metro line was compounded when 63-year-old Metro employee Michael Nash was killed after being struck in the head by gravel propelled by a Metro machine.

Michael, originally from Silver Spring, Maryland (MD) has been a track repairman for over twenty years and was working to repair the Orange Line, according to the Washington Post.

My deepest condolences go out to his friends and family.

As an injury lawyer who’s written extensively about the June 22, 2009 D.C. Metro crash which killed nine people and injured over 80, I’m astounded proper safety measures have not been implemented by Metro officials for not only passangers, but also their Metro train workers. I've also represented train and railroad workers who were injured while on the job, so I understand the risk these employees take each and every day. The combination of the horrendous crash, the worst ever for D.C. Metro, and Michael’s death indicates a pattern of underwhelming safety concerns. This needs to change.

I applaud Metro's recent mandate for training field workers, but that type of training should have already been mandatory. Working on rail track can be extremely dangerous, which is why numerous railroad and subway companies go through intense training prior to starting a field job. Metro should have followed suit and made safety a high priority.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro

Jury award Norfolk Southern Employee $1.5 million Dollars Due to Occupational Injury

John Cooper — Sun, 09 Aug 2009 17:50:00 GMT

A jury in Tennessee (TN) awarded Joe Allen, a conductor for Norfolk Southern $1.5 million dollars after Allen filed a lawsuit stating he injured his Coccyx and re-aggravated a low-back injury when a folding chair at work collapsed while he was sitting in it.

Norfolk Southern is a prominent railroad company based in Norfolk, Virginia (VA). They contested the suit by arguing Allen’s injured Coccyx healed in three months and any long-term pain and suffering were associated with his pre-existing back injury. Though, the most astounding proclamation Norfolk Southern made was they were not liable because they are not an “insurer of plaintiff’s safety.”

I wholeheartedly disagree. Working on-and-around railroads can be dangerous with a high risk of occupational injury. The company is most definitely responsible for providing safe working conditions. Norfolk Southern’s argument is also counter to what they state explicitly on their web site: “We put safety first by taking care of the people around us and following the rules.”

Our law firm, where all we handle is injury law, has represented clients hurt in incidences involving Norfolk Southern, so we’re familiar with the company’s strategy in cases of this nature.

Fortunately, the jury saw through Norfolk Southern’s argument and awarded Joe proper compensation for long-term rehabilitation and suffering.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper

Jury Awards $1.8 Million for Docking Injury

Jim Lewis — Sun, 02 Aug 2009 16:05:13 GMT

A man named Daniel L. Willis of Escanaba, Minnesota was aboard the Joseph L. Block when it docked to offload limestone in 2004. As the ship pulled up to the Duluth, Missabe, and Iron Range Railway, Willis slipped and fell while he was getting off to complete his assigned job: to gather the cables and fasten them to the dock. He was seen at the Duluth hospital where he was given a knee immobilizer to wear on his 18 hour bus ride home to Escanaba. Since the incident, deep vein thrombosis has developed and produced many other difficulties. In the St. Louis County District Court, Willis sued not only the owner of the Joseph L. Block, the Indiana Harbor Steamship Co., but also the Central Marine Logistics. After an eight hour deliberation by the jurors, they returned a verdict in favor of Daniel L. Willis for $1.8 million in compensation.

Common jobs can inevitably result in any kind of accident if precautions are not taken. Improvements for marine transportation as well as general safety procedures that may be widely used can be found on the National Transportation Safety Board website. As a personal injury lawyer, I have worked on numerous transit accident cases. Incidents similar to the one mentioned above can result in pain, suffering, and even wrongful death. If you have experienced this pain or loss, please contact me, Jim Lewis, and I will work to get you the compensation you deserve.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

Originally posted at InjuryBoard by Jim Lewis

Right of Way on the Water: Which Side is Starboard?

John Cooper — Fri, 24 Jul 2009 15:51:46 GMT

When you're driving on a major highway, you should know to pass on the left, and keep slow traffic to the right. Although this is common knowledge to those on the road, the rules of the water are not always as well known to those navigating it. The question that many boaters have is who gets the right of way and when? This is a common problem that many amateur and experienced boaters to this day are confused as to the answer.

The IRPCS or theInternational Regulations for the Prevention of Collisions at Sea, states that the less maneuverable craft have more priority at sea than a more maneuverable craft. For instance, an oil tanker has the right of way over a jet skier (personal water craft operator).

However, the line becomes a bit more hazy when the boats become nearly the same size. Here are some guidelines for smaller water craft that one might encounter on the sea.

Sailboats have the right of way in almost all cases to power vessels, as they are controlled by the direction of the wind. However this changes when they are attempting overtake powered vessels.

Fishing vessels have the right of way to the above vessels regardless of their position to the other craft.

When you are attempting to overtake another vessel, whoever you are attempting to overtake always has the right of way. Also when passing you should never pass on the starboard (or right) side.

In smaller channels, jetties, and docks, smaller vessels under sixty five feet should yield and give right of way to larger vessels.

When approaching a craft head on you should turn to your starboard side to avoid the other craft. The approaching craft should turn to your port (or left) side, which is their starboard side.

Other more specific guidelines may be found here at the Royal Yachting Association.

Fishing, sailing, and other power boating activities can be fun for all those on the water, but safety is always a boater's first priority. Please review all local guidelines, rules, and markings before embarking on any trip on the water. The more informed you are, the more fun you can have.

Originally posted at InjuryBoard by John Cooper

Possible Cause of Metro Accident Revealed

Jim Lewis — Tue, 14 Jul 2009 21:04:28 GMT

Transit officials and analysts have uncovered a vital piece of information that may have led to the Metro accident on June 22, 2009. Five days prior to the collision, a piece of equipment created for the prevention of accidents was removed by one of the Metro crews. Although it was replaced, employees at the Metro failed to detect the malfunction within the circuitry. This report inevitably led to skeptic views about the efficiency of Metro officials and the substantiality of maintenance crews. The supposedly “fail-safe” Metro system injured 80 people and killed 9 during this deadly crash. The National Transportation Safety Board has not yet disclosed whether or not the accident was a direct result of the quality of installation or equipment.

The NTSB provides information on precautions to take while aboard any kind of vehicle, as well as the type of transportation reported to be the safest. However, there can be flaws in even the most highly reputable safety vehicles. As a personal injury attorney, I have dealt with numerous cases concerning wrongful death or injury in a crash. If you have experienced a loss or injury similar to the Metro accident previously mentioned, please contact me, Jim Lewis, and I will work to help settle the compensation you deserve.

Originally posted at InjuryBoard by Jim Lewis

New Rail Crash: Disney Monorail Accident Kills Employee

Rick Shapiro — Mon, 06 Jul 2009 12:12:00 GMT

Disney World in Orlando, Florida (FL) is grappling with a monorail crash which killed 21-year-old Austin Wuennenberg, the operator of one of the monorails. The accident involved two monorails colliding into each other in the Magic Kingdom section of the theme park, according to the BBC.

Our heartfelt condolences go out to Austin's family and friends. It’s virtually impossible to describe the pain of losing a loved one.

The Disney monorail crash re-opens fresh wounds due to the fact it’s been a little over a week since the Washington, DC Metro crash which killed nine people and injured over 50.

This is the first fatal accident involving the Disney monorail system since it opened over 30 years ago. There have been other accidents, including a train crashing into another in 1974, according to wesh.com.

This isn’t the first time Disney has dealt with a tragic accident. Back in 2004, a 22-year-old man was killed and 10 people were injured while riding the Big Thunder Mountain Roller Coaster. The crash was caused when two bolts on a guide-wheel assembly fell off allowing the train to derail. State investigators discovered maintenance workers didn't understand the ride’s safety procedures, according to the Los Angeles Times. Multiple lawsuits were filed against Disney as a result.

Investigators are still trying to figure out what caused the most recent Disney monorail crash.

Here’s a video of CNN discussing the Disney monorail accident…

http://www.youtube.com/watch?v=HObhP2wnp98

As an injury lawyer with 20 years of experience representing clients who’ve been severely injured in mass transit accidents, I strongly recommend any company with a rail system implement a thorough examination of the safety procedures and devices. The combination of the DC Metro crash and now the Disney monorail crash indicates long-running rail systems need consistent updates and check-ups to ensure they operate properly. A thorough examination could help prevent another terrible accident from happening in the near future.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro