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Recent Posts in Fela Category

August 11, 2010
  Goal of Camera to Boost Rail Crossing Safety
Posted By Zane Cagle

While cameras at traffic stops have seen much press, cameras at railroad crossings have had much less attention.  In May of 2008, a camera was installed on Rock Hill Road near downtown Webster Groves to catch motorist trying get past railroad warning devices.  During the first 1 ½ years, it has resulted in about 1,100 citations to gate running.  Last year, of the 1,896 incidents at railroad crossing in the United States, there 247 deaths and 705 injuries according to the Federal Highway Administration.  Enforcement through installation of a camera is one way for a municipality to increase safety. According to railroad spokespersons, however, enforcement is just one of the factors to increase safety; the other two factors are engineering and education.

There  has a been a slight drop in the number of railroad crossing accidents and part of this is due to the number of crossing that have been closed in the past six years. The Federal Railroad Administration asked railroads to be more aggressive in this area.

Locomotives from several rail companies have become outfitted with cameras in the cab to record the images of crashes or near misses. This video footage may be useful to all parties in an investigation when analyzing many aspects to determine fault and also, for railroad safety training.

So what if you have been involved in a railroad related accident?
As railroad accidents continue to increase involving derailment, crashes with other trains, pedestrians, equipment failure or crashes with other vehicles; all of these types of accidents can result in catastrophic injuries, deaths, and extremely large amounts of property damage.Not only do these injuries have major consequences for the victims, but their families and loved ones who depend on their income may have to provide care. A FELA claim may assist family members in recovering lost wages, compensation for pain and suffering, future and past medical bills and the possibilities of permanent disability. Zane Cagle is aggressive in assisting victims of train wrecks and their families in filing claims to assist in this time of need. If you or a loved one has sustained serious injuries in a train related crash, contact the firm as soon as possible. The sooner you contact an attorney who specializes in the area of FELA related claims, the more advantagous to your claim.  While you have three years to file this claim, prompt and aggressive action provided in retaining evidence and utilizing a research team is essential.  This prompt action is part of the aggressive reputation of the Cagle Law firm. Our premier St. Louis personal injury attorneys will speak with you personally in a free consultation, answering any and all questions you may have about your claim.

To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Continue reading "Goal of Camera to Boost Rail Crossing Safety" »

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August 06, 2010
  Amtrak Train Involved in Two Accidents in One Day
Posted By Zane Cagle

Amtrak train traveling from Lee's Summit to St. Louis was involved in two train-auto collisions with pick-up trucks on Thursday. At 8 a.m., a 44 year old man drove around a crossing bar that had just been lowered and was struck. The truck was sheared in half and the man was ejected about 40 feet.  The driver was rushed to the hospital with serious injuries and remains in intensive care. It was later determined that the driver was driving a truck that had been stolen earlier from a sanitation business. Then, two hours later, the Amtrak train struck a maintenance worker's pick-up as it was sitting too close to the tracks.  The maintenance worker was spraying weeds from the inside of the truck and did not have time to move.  The second collision occurred at a section of the track that did not include warning signs. None of the passengers on the Amtrak train were injured in either collision.

Have you been injured in a railroad related accident ?

While both collisions were avoidable, both could be classified as different type's personal injury claims. In the first accident, the driver of the truck was a non railroad employee where as in the second accident; the maintenance worker may have been a railroad employee.  If the second driver was a railroad employee then he would fall under The Federal Employers Liability Act (FELA) that allows railroad employees who are injured on the job to file a lawsuit to recover damages from his/her employer when negligence occurs on the part of the employer or another employee.  This act is not to be confused with Workers' Compensation.  Under conditions of FELA, the injured employee may recover punitive damages that they would not be entitled to under Workers' Compensation; however, FELA is a complicated statute. Therefore, it is highly recommended that an injured employee or family of a killed employee to consult a FELA attorney in order to protect the victim's rights. 
  
    At the Cagle Law Firm, an experienced St. Louis Accident Attorney can review your claim and help you file a lawsuit against the person responsible for your accident or injury or to help you to determine if you have a wrongful death claim or a claim for personal injury damages contact the Cagle Law firm today.
    To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Continue reading "Amtrak Train Involved in Two Accidents in One Day" »

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July 18, 2010
  Illinois' Plan to Reduce Railroad Related Accidents
Posted By Zane Cagle

The Illinois Department of Transportation and Illinois Commerce Commission are working together in developing a plan to reduce railroad crossing accidents.  The new regulations must be submitted to the Federal Railroad Administration for approval.  The key concepts (Chicago Tribune) in the plan include:

  • Closing as many crossings as possible to reduce potential conflicts with trains and vehicles. This incentive is generally viewed as unpopular in metro and rural areas due to heave vehicle traffic.
  • Installing train-control technology to detect the presence of a trapped vehicle on tracks and provide advance warnings to locomotive engineers and railroad personnel.  The estimated of installing such technology is estimated to be $700,000 per crossing
  • Building overpasses or tunnels to separate rail and highway traffic.  This option is the most expensive, estimated at $20 to $40 million per location
  • Eliminating pedestrian crosswalks over tracks at passenger rail stations and installing fencing to deter pedestrians from trespassing onto tracks.

Railroad related accidents are frequently very expensive in regard to property damage and in human life and suffering.  Death is frequently the result of a collision with a train and non-fatal injuries are frequently catastrophic in nature.

Have you or a loved one been a victim of a railroad related accident?

    If so, contacting an attorney with special skills and knowledge in the area of freight violations is important.  As well, contacting the appropriate attorney as soon after the accident is essential to preserve many crucial facts of the investigation.  The attorneys at the Cagle Law Firm have been practicing in the area of railroad related accidents for many years and are very knowledgeable about what kind of claim you may have and what kind of compensation you can qualify to receive.

On-the-Job Railroad Accident Injuries?

    The Federal Employers Liability Act (FELA) allows railroad employees who are injured on the job to file a lawsuit to recover damages from his/her employeer when negligence occurred on the part of the employeer or another employee.  This act is not to be confused with Workers' Compensation.  Under conditions of FELA, the injured employee may recover punitive damages that they would not be entitled to under Workers' Compensation, however, FELA is a complicated statute. Therefore, it is highly recommended that an injured employee or family of a killed employee to consult a FELA attorney in order to protect the victims rights. 
  
    At the Cagle Law Firm, an experienced St. Louis Accident Attorney can review your claim and help you file a lawsuit against the person responsible for your accident or injury or to help you to determine if you have a wrongful death claim or a claim for personal injury damages contact the Cagle Law firm today.
    To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Continue reading "Illinois' Plan to Reduce Railroad Related Accidents" »

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July 17, 2010
  Railroad Related Accidents Occur Every Two Hours on Average
Posted By Zane Cagle

    In the United States, approximately every two hours a pedestrian or motor vehicle is struck by a train.   In 2007, there were more than 13,000 railroad related accidents according to the Federal Railroad Administration Office of Safety Analysis.  Of these railroad related accidents, 851 were fatalities and 8,801 were non-fatal.  Of the deaths, 338 occurred at highway railroad crossings and 473 were from trespassing on railroad property and rights-of-way.  In 2007, 1,031 of the related injuries occurred at highway railroad crossings and 398 injuries occurred due to trespassing issues. 

    Recent years have shown an increase in the number of railroad accidents in the news and are frequently most reported when there is equipment failure, collisions with other trains, derailments, or collisions with pedestrians and/or other vehicles.  If the result from the crash is not fatal, more likely than not, the injuries are catastrophic in nature including traumatic brain injuries and disfiguring injuries.  The property damages are frequently very high as well due to the sheer size of trains.  Whether the cause of the railroad related accident if equipment related, there are many types of personal injury cases an individual may have if they are the victim of such accident.

Have you or a loved one been a victim of a railroad related accident?

    If so, contacting an attorney with special skills and knowledge in the area of freight violations is important.  As well, contacting the appropriate attorney as soon after the accident is essential to preserve many crucial facts of the investigation.  The attorneys at the Cagle Law Firm have been practicing in the area of railroad related accidents for many years and are very knowledgeable about what kind of claim you may have and what kind of compensation you can qualify to receive.

On-the-Job Railroad Accident Injuries?

    The Federal Employers Liability Act (FELA) allows railroad employees who are injured on the job to file a lawsuit to recover damages from his/her employeer when negligence occurred on the part of the employeer or another employee.  This act is not to be confused with Workers' Compensation.  Under conditions of FELA, the injured employee may recover punitive damages that they would not be entitled to under Workers' Compensation, however, FELA is a complicated statute. Therefore, it is highly recommended that an injured employee or family of a killed employee to consult a FELA attorney in order to protect the victims rights. 
  
    At the Cagle Law Firm, an experienced St. Louis Accident Attorney can review your claim and help you file a lawsuit against the person responsible for your accident or injury or to help you to determine if you have a wrongful death claim or a claim for personal injury damages contact the Cagle Law firm today.
    To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Continue reading "Railroad Related Accidents Occur Every Two Hours on Average" »

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July 16, 2010
  Bicyclist Killed After Colliding with Moving Train
Posted By Zane Cagle

    Listening to earphones while riding a bicycle across train tracks seems to be the cause of the death of a 32 year-old Utah man according to officials. While the train intersection was in the middle of a downtown area and the train was thought to only be traveling at approximately 25 mph, the bicyclist never seemed to see or hear the train lights or sirens as he crossed the tracks.  Even though the train conductor utilized the emergency brakes, the man was still carried almost 100 feet down the tracks after the initial train collision.  Trains traveling even at a rate of 25 to 30 miles an hour have a great deal of inertia and cannot stop very quickly.  Seemingly, the young man was lost in his thoughts or the music and failed to hear the multiple train whistle blows.  Safety experts caution using earphones while operating any type of moving vehicle and say it can be perilous as a pedestrian as well if traveling on busy sidewalks or streets.  Serious and even fatal injuries can occur when distracted by earphones or loud music.  And how many of us are guilty of using headphones while driving or running on busy streets every day?

Have you been injured or lost a loved one due to a railroad related accident?

    While sometimes fault lies with the individual that crashes into the train, sometimes proper warnings do not exist regarding train crossings.   As well, in some instances, trains exceed the recommended or maximum speed limits.  After a train accident, a thorough investigation must be completed to determine all of the contributing factors. Catastrophic injuries are often the result of collisions with trains if not death.  If you or a loved one has been the victim of a train crash, contact a St. Louis attorney with experience in freight regulations  in order to protect your interests.  You may be entitled to medical expenses, loss of wages and suffering if any safety violations have been committed on behalf of the freight companies. While collisions with trains are often fatal, a wrongful death claim may be available if you have lost a loved one.

On-the-Job Railroad Accident Injuries?

    The Federal Employers Liability Act (FELA) allows railroad employees who are injured on the job to file a lawsuit to recover damages from his/her employeer when negligence occurred on the part of the employeer or another employee.  This act is not to be confused with Workers' Compensation.  Under conditions of FELA, the injured employee may recover punitive damages that they would not be entitled to under Workers' Compensation, however, FELA is a complicated statute. Therefore, it is highly recommended that an injured employee or family of a killed employee to consult a FELA attorney in order to protect the victims rights.  
    At the Cagle Law Firm, an experienced St. Louis Accident Attorney can review your claim and help you file a lawsuit against the person responsible for your accident or injury or to help you to determine if you have a wrongful death claim or a claim for personal injury damages contact the Cagle Law firm today.
    To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Continue reading "Bicyclist Killed After Colliding with Moving Train " »

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June 04, 2010
  Federal Railroad Admin Propose Ban on Cell Phones & Electronic Devices
Posted By Zane Cagle

Last week the Federal Railroad Administration proposed the banning of the use of cell phones and electronic devices by railroad operating employees. Due to the increase in railroad accidents because of these devices, the FRA is considering these new rules. The language of these proposed rules cite examples of accidents with FELA related injuries attributed to the use of these types of distracting devices.  Frequently, the injured party is a railroad employee and protected under FELA.  A train accident attorney is required when railroad workers are injured in order to protect their legal rights.

 Attorney Zane Cagle is aware that every person's case is different - if you or a family member has been injured in any type of train accident in Missouri or Illinois, you can count on complete legal representation for your railway wreck case from a competent lawyer from our St. Louis law firm. Even if your case involves wrongful death of one or more people, the attorneys are prepared to handle every type of railroad accident case. Contact a FELA attorney today at The Cagle Law Firm in St. Louis today to schedule a free consultation.

To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Continue reading "Federal Railroad Admin Propose Ban on Cell Phones & Electronic Devices" »

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May 20, 2010
  Train and Semi Crash Injures Four
Posted By Zane Cagle

A train and a semi-truck collided on May 14, 2010 in Michigan, and investigators are trying to determine if it was caused by driver error or malfunctioning railroad signals. The violent crash resulted in four people being injured. The train conductor, conductor assistant and an engineer were on board the locomotive at the time of the crash and the 59-year old driver of the semi-truck was alone. All four of the victims reported bruises, bumps and back pain.  As railroad accidents continue to increase involving derailment, crashes with other trains, pedestrians, equipment failure or crashes with other vehicles; all of these types of accidents can result in catastrophic injuries, deaths, and extremely large amounts of property damage.

Not only do these injuries have major consequences for the victims, but their families and loved ones who depend on their income may have to provide care. A FELA claim may assist family members in recovering lost wages, compensation for pain and suffering, future and past medical bills and the possibilities of permanent disability. Zane Cagle is aggressive in assisting victims of train wrecks and their families in filing claims to assist in this time of need. If you or a loved one has sustained serious injuries in a train related crash, contact the firm as soon as possible. The sooner you contact an attorney who specializes in the area of FELA related claims, the more advantagous to your claim.  While you have three years to file this claim, prompt and aggressive action provided in retaining evidence and utilizing a research team is essential.  This prompt action is part of the aggressive reputation of the Cagle Law firm. Our premier St. Louis personal injury attorneys will speak with you personally in a free consultation, answering any and all questions you may have about your claim.

To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Continue reading "Train and Semi Crash Injures Four" »

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February 08, 2010
  West Virginia workers filed FELA suit against Norfolk Southern
Posted By Zane Cagle
Norfolk Southern was faced with two FELA suits last week by former employees alleging they suffered serious disabling injuries as a result of the rail company's negligence.

In one of the suits, the plaintiff was struck by another vehicle while on the job, suffering back, neck, leg and body injuries.  The plaintiff alleges that Norfolk bore the responsibility in that accident by failing to furnish him with appropriate equipment, including personal protective gear. Furthermore, the defendant failed to provide a reasonably safe place to work.

The other plaintiff made similar allegations against the company, but his injuries were the result of a train derailing that hit and collapsed a building that the plaintiff was standing on.

Injured in a work-related accident?  If so, contact one of our skilled FELA Attorneys at Page Cagle in St. Louis today to schedule a free consultation.
Continue reading "West Virginia workers filed FELA suit against Norfolk Southern" »

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October 21, 2009
  Southern Illinois plaintiff files FELA suit
Posted By Zane Cagle
A former employee of a major rail company has filed a FELA suit alleging injuries from repeatedly having to carry heavy objects.

Throughout his career, the plaintiff claimed he was forced to carry heavy, awkwardly shaped objects, to walk on uneven ballast surfaces, and to operate poorly maintained switches.  These practices resulted in a degenerative condition of his spine, causing the plaintiff to experience great pain, disability, mental anguish and a loss of income.

The plaintiff also blames the railroad company for failing to provide him with a safe place to work and safe equipment.

Were you injured while on the job?  If so, you may have a claim against your employer and should contact a Personal Injury Attorney to help you through the process of filing a complaint.  At Page Cagle, we have a team of premier St. Louis attorneys available 24/7 to answer your questions, or you can call our offices for a free consultation.
Continue reading "Southern Illinois plaintiff files FELA suit " »

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October 09, 2009
  Illinois man files FELA suit over work related injuries
Posted By Zane Cagle
A railroad worker from Southern Illinois has filed a FELA suit against his employer, claiming he suffered herniated discs and a hernia while working as a machine operator and trackman for a large railroad company.

When the injury occurred, he was attempting to remove a spike as instructed in his job assignment.  After his injuries, he had to undergo treatment and spinal surgery in July 2008.  He claims his back, neck, shoulder, arms, groin area, and hands were permanently impaired, costing him a loss of employment and medical expenses.

According to the suit, the defendant is guilty of many negligent acts, including its failure to provide the plaintiff with safe working conditions and failure to warn him of risks to which he is exposed.

Were you injured while working on the job?  If so, do not hesitate to contact a skilled Worker's  Compensation or FELA Attorney at Page Cagle in St. Louis.  Call us today to schedule a free consultation.
Continue reading "Illinois man files FELA suit over work related injuries" »

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July 24, 2009
  Railroad company faces FELA suit over unsafe equipment in Illinois
Posted By Zane Cagle
A railroad employee filed suit earlier this month against his employee in St. Clair County Circuit Court, alleging that he contracted a musculoskeletal disease from working with unsafe equipment.

Having worked as a carman for the rail company since 1971, the plaintiff claims he was subjected to risk factors that contributed to the development of cumulative trauma or musculoskeletal disorders in his back and spine.

Within the suit, the plaintiff names 24 negligent acts performed by the company throughout his employment, including failure to provide a safe work environment.  Most of his health problems stemmed from forceful, repetitive movements which caused him to suffer permanent and disabling injuries to his back and spine.

As a result of his injuries, the plaintiff incurred damages such as medical expenses, lost wages, emotional pain and suffering and severe physical pain.

If you were injured due to unsafe conditions or other work-related problems, you may be entitled to Workers' Compensation benefits through your state.  At Page Cagle, we have the skills and knowledge to successfully litigate your claim.  Call our offices and speak with a Workers' Compensation Attorney today for a free consultation.
Continue reading "Railroad company faces FELA suit over unsafe equipment in Illinois" »

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June 17, 2009
  Asbestosis spurs $1.4 million FELA suit in Illinois
Posted By Page Cagle
Four former railroad workers have filed suit against five railroad corporations alleging that unhealthy and unsafe working conditions caused them to develop asbestosis and respiratory illness form second-hand smoke damage. 

As a result of their injuries, the men suffer great pain and disability, mental anguish and lost income.  

In the suits, the plaintiffs allege that the railroad corporations also violated the Locomotive Boiler Inspection Act and the Federal Employers Liability Act by failing to provide them with a  safe place to work and exposing them to asbestos and hazardous work practices.  

If you worked for a railroad company and sustained a work-related injury or illness, you may be entitled to a FELA suit.  Contact an experienced FELA Attorney at Page Cagle today for a free initial consultation.  
Continue reading "Asbestosis spurs $1.4 million FELA suit in Illinois" »

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