At least 17 people were injured in an Amtrak train accident in Oakland after one train ran a red light and struck another train that had stopped to unload passengers. According to a news report in the Los Angeles Times, the injury collision occurred the night of October 12, 2011. Most of the injured passengers were in the stopped train. No one is believed to have sustained life-threatening injuries. This is the second incident in two weeks in the Bay Area involving Amtrak trains. On September 30, 2011, 37 passengers and two crew members were injured when an Amtrak train collided with a truck at a crossing near Brentwood, where there were no lights or gates.

My heart goes out to the victims of this train accident. I wish them all the very best for a speedy and full recovery. It is indeed fortunate that no one sustained life-threatening or serious injuries in this collision.

Train Accident Statistics

According to the Federal Transit Administration's 2008 railroad safety statistics, there were 992 accidents nationwide during that year, which resulted in 37 deaths and 677 injuries, excluding suicide and trespasser fatalities. The accident rate increased by 61 percent compared to the previous year. The fatality rate saw a 5 percent increase while injuries rose by 25 percent.

What Caused This Collision?

If this news report is accurate, the accident appears to have been caused by the train's engineer running a red light and crashing into another stopped train. There are several questions here. What caused the train's driver to miss the red light? Was he or she distracted? Was he or she using an electronic device such as a cell phone or PDA? Was the driver under the influence? Was the driver fatigued? Did he or she suffer a medical issue at the time? I trust investigators are looking into these and other issues in order to determine precisely what occurred here and why.

Fault and Liability

If the driver is determined to have been at fault, then, the driver and his or her employer (the train company) can be held liable for the injuries caused to the passengers. All mass transit agencies, public or private, owe a duty of utmost care to their passengers. They are fully responsible for the safe transit of their passengers. If an accident was caused by an employee's negligence or wrongdoing, victims should be fairly compensated for their losses.

In such cases, injured victims would be well-advised to contact an experienced Oakland personal injury lawyer, who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected. Injured victims can seek compensation to cover medical expenses, loss of wages, cost of hospitalization, physical therapy and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to train accident victims and their families.

Oakland Amtrak Train Accident Injures 17 is a post from: Personal Injury Attorney News Portal

A Long Beach police officer was injured in a train accident after his cruiser was struck by a Blue Line train the afternoon of July 7, 2010. According to a news report in The Press Telegram, the injury collision occurred near Pacific Coast Highway and Long Beach Boulevard when a southbound train collided with the officer's patrol car at 16th Street. The officer had to be extricated from the vehicle and was transported to a local hospital. He is expected to survive. Several passengers in the train were also taken to local hospitals with neck and back injuries. None of the injuries were life-threatening.

My heart goes out to all the injured victims in this crash. It is indeed fortunate that the police officer and train passengers did not sustain critical injuries. I wish them all the very best for a quick and complete recovery. They will be in my prayers.

Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 27 deaths and 1,881 injuries involving car accidents in Long Beach. In Los Angeles County as a whole, 667 people died and 52,229 were injured as a result of car accidents during the same year. In the last 20 years, 26 motorists and 51 pedestrians have died in collisions with Blue Line trains.

Causes and Liability Issues

Based on this news report, it is not exactly clear how or why this train versus car collision occurred. Officials are still looking into whether the officer was responding to an emergency call or whether he ran a red light when the collision occurred. The police cruiser was westbound on 16th Street at the time of the crash.

In this particular case, if the police officer was at fault for the accident, then his employer, the Long Beach Police Department, could be held liable for the injuries caused to the train passengers. If this accident occurred due to train operator error, lack of proper signal systems or malfunctioning systems at the railway crossing, then, the transit authority or railroad could be held liable for the injuries and damages caused. It is important to remember that any personal injury claim against a governmental entity must be properly filed within 180 days of the incident, under California Government Code section 911.2. An experienced Long Beach personal injury lawyer will be able to advise injured victims about their legal rights and options.

What are some of your biggest concerns about traveling by train? Do you feel safe taking the train?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Police Officer Injured in Long Beach Train Accident is a post from: Personal Injury Attorney News Portal

Federal officials have announced a proposed rule to ban cell phone and texting by on-duty train operators. This move comes after a recent determination by National Transportation Safety Board (NTSB) officials that a California Metrolink engineer was texting moments before he ran through a red light and caused a fatal train accident that killed 25 people and seriously injured more than 150. In that case, the commuter train collided with a freight train because the engineer drove the train right through the red light. Officials believe he was distracted because of the texting and failed to notice the signal.

Electronic Devices Off-Limits for Crew Members

The latest proposed ruling by the U.S. Department of Transportation is part of a series of actions taken by the federal government to battle the problem of distracted driving. Earlier this year, the department announced its plans to make permanent a rule banning texting by drivers of commercial vehicles such as big rigs and buses. If a similar rule is adopted for train operators, it would ban hand-held devices such as cell phones and personal digital assistants or PDAs for critical railroad employees including locomotive engineers, conductors, switchmen and other train employees. Such devices may be used only under extreme emergency situations, according to the new rule.

Distracted Driving is Dangerous

According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 people were killed and about 500,000 sustained serious personal injuries as a result of distracted driving in 2008. These accidents specifically involved drivers who were either texting or using a hand-held cell phone while operating a vehicle.

The federal government's move to ban electronic devices in trains, consistently across the United States, is certainly a prudent and much needed one. Several states including California have passed these bans, but many more have yet to pass similar distracted driving laws for commercial vehicles such as buses or trucks and even trains. Operating a commuter or a freight train does demand the undivided attention of all crew members.

Human error is one of the most leading causes of train accidents in the United States. These errors can occur even when there are no cell phones or PDAs involved. The probability of these tragic errors occurring is significantly increased when crew members are using any electronic communication devices. As a California personal injury lawyer, who has represented numerous injured victims hurt by distracted drivers, I absolutely support this new federal rule and hope it becomes the law of the land very soon.

Would you feel safer taking a train where all crew members are banned from using cell phones and other electronic devices?

Federal Officials to Ban Use of Electronic Devices by Train Operators is a post from: Personal Injury Attorney News Portal

The National Transportation Safety Board (NTSB) has ruled that the catastrophic Chatsworth Metrolink train accident, of September 2008 was caused by a train engineer who missed a red signal because he was texting and because of the lack of an automatic braking system. According to a news report in the Los Angeles Times, the ruling comes more than a year after the Metrolink crash, which killed 25 people and seriously injured more than 100 commuters. Safety officials said definitively that the Metrolink engineer "compromised his ability to observe and appropriately respond" to the red signal because he was texting while operating the train.

Deterring Inappropriate Use of Wireless Devices

Federal officials have also pointed out that, eyewitness accounts, which say the light was green when the commuter train crashed into a freight train, are not reliable. The board hearing emphasized the fact that Metrolink did not conduct sufficient or effective field testing to detect and deter improper use of cell phones and other wireless devices in train control cabs. The board recommended installing video cameras in cabs to deter and detect this type of behavior.

Installing Automatic Braking Systems

Federal investigators also brought up the lack of Positive Train Control (PTC) systems, which is an automatic braking system. PTC uses Global Positioning Satellite (GPS) technology to spot two trains on a collision course and automatically apply brakes on both trains to effectively prevent such a catastrophic crash. Such a braking system would also slow trains that go past a yellow signal and stop them before they go past a red signal. If Metrolink officials, who knew about the availability of this technology, had installed the high-tech PTC system in their trains, this horrific crash may have been prevented.

Claims for Compensation Still Pending

These official findings and recommendations have already been talked about time and time again although they have not been formally presented until this week. Metrolink has know for years about automatic braking systems and yet failed to install them because they were too costly. Now, Metrolink is facing costly lawsuits filed by these victims who have suffered serious personal injuries, and families who have lost their loved ones in the tragedy. It would have cost less to install the PTC system than what it is going to cost Metrolink to settle the 100 plus claims for compensation.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Metrolink Train Accident Caused by Texting Driver, Officials Say is a post from: Personal Injury Attorney News Portal

A man sustained fatal injuries in a Los Angeles train accident after he was struck by a Metro Blue Line train at a South Los Angeles crossing. According to a news report in the Los Angeles Times, the fatal pedestrian accident occurred the morning of December 27, 2009 at the intersection of Vernon Avenue and Long Beach Boulevard. The impact of the collision caused the man to be thrown clear of the tracks. He died at the scene.

A spokeswoman for the Metro tells the Times that the crossing-gate bar should have been down at the time and both the gate and a light should have stopped the man from crossing. It is not clear at what speed the train was traveling at the time, but officials say the train's speed is regulated automatically so it slows down at crossing from the regular speed of 55 mph.

My heart goes out to the family and friends of this deceased accident victim. I offer my deepest condolences to them. This grieving family will certainly be in my thoughts and prayers.

Accident Statistics

According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS), there were 90 deaths and 2,690 injuries as a result of pedestrian accidents in the city of Los Angeles. Countywide, pedestrian accidents claimed 210 lives and injured 5,095 injuries during the same year. According to statistics posted in the Los Angeles Times, as of 2008, there were 821 total accidents on the Metro Blue Line since July 1990. Out of these, 652 involved train versus vehicle incidents and 169 involved train versus pedestrian accidents.

Accident Causes and Liability Issues

Based on this news report, it is not quite clear exactly how or why this pedestrian failed to notice the approaching train and was struck. If I were a member of this victim's family, I'd want to find out whether the crossing gate bar and the lights at this crossing were working at the time of the collision. If the gate and the lights were not working at the time, then the family of this victim could seek compensation from the transit authority for allowing the dangerous condition to exist.

In such cases, victims or their families would be well-advised to contact a reputed Los Angeles personal injury lawyer, who has an excellent track record with pedestrian accidents and train accidents. A knowledgeable injury lawyer will also be able to determine whether there was a dangerous condition here that may have caused or contributed to this fatal accident. Please remember that any claim against a governmental agency in California must be properly filed within 180 days of the accident or injury.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

Pedestrian Fatally Injured in Los Angeles Train Collision is a post from: Personal Injury Attorney News Portal

The train accident attorneys at BISNAR | CHASE are extremely concerned about a "near miss" incident involving the driver of a Metrolink commuter train who ran a red signal as another passenger train approached on a track near downtown Los Angeles. According to a CBS news report, no one was injured in this incident, which happened last week. The train's engineer apparently declared an emergency after passing the red light and stopped before going through a switch and onto a section of track being used by another Metrolink train at that time.

Investigation into Engineer Running Red Light

Metrolink board members and the California Public Utilities Commission are investigating this near miss. They are looking at cameras in the cab, which recorded the moments prior to the incident. Investigators say they will review the tape to see if any safety rules were violated.

It is indeed a relief that this did not result in a catastrophic train accident reminiscent of the September 2008 Chatsworth Metrolink accident, which killed 25 people and seriously injured at least 134. Forty of those victims sustained serious or catastrophic injuries. In that case, the train's engineer, who also died in the crash, was texting moments before the crash. It is now illegal for Metrolink driver and conductors to text or use any communication devices while on the job. Metrolink also installed cameras in train cabs to keep track of their employees. Even before the Chatsworth Metrolink train accident, there was another head-on collision in Orange County on April 23, 2002 in Placentia, which killed two people and injured 260.

Safety Measures Still to Come

Metrolink has been talking about a lot of safety measures, but it is yet to install Positive Train Control (PTC), which is an automatic braking system. PTC uses Global Positioning Satellite (GPS) technology to spot two trains on a collision course and automatically apply brakes on both trains to effectively prevent a catastrophic crash and the serious personal injuries and heartbreaking fatalities that occur as a result.

Such a braking system would also slow trains that go past a yellow signal and stop them before they go past a red signal. If Metrolink officials, who knew about the availability of this technology even before the fatal Orange County train accident, had installed the high-tech PTC system in their trains, these horrific accidents may have been prevented.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

Metrolink Train Engineer Runs Red Light, Almost Collides With another Train is a post from: Personal Injury Attorney News Portal

As a Los Angeles personal injury lawyer I am extremely concerned about the lack of safety measures on Metrolink trains and tracks, which can cause serious injury accidents. Since the catastrophic Chatsworth Metrolink train accident that killed 25 and injured more than 150, Metrolink has been advised to implement several safety features in their operations and also update their technology. Had Metrolink been proactive and taken these steps years ago, these tragic deaths and injuries may have been prevented.

Safety Measures Can Prevent Train Accidents

A recent CBS News report states Metrolink will test inward and outward facing video cameras on one of its locomotive. These cameras are designed to monitor the engineers who operate the trains. This was one of two steps recommended by federal National Transportation Safety Board officials after the Chatsworth California train accident last year. That accident occurred after a Metrolink engineer blew through a red light and crashed into a freight train. Investigators determined that the engineer was texting seconds before the crash. Officials believe, the cameras being tested will keep an eye on engineers and help ensure that they are not involved in behavior that is banned when on duty.

Investigators had also recommended implementing a control system designed to stop trains in emergencies and conducting a performance review of Metrolink managers. Those recommendations have not yet been carried out. In my opinion, it is extremely important for Metrolink to make this a top priority. The agency is already dealing with numerous wrongful death lawsuits and personal injury claims filed by injured victims and families of victims who died in the Los Angeles train accident. These steps will come too late for those victims and grieving families.

An Experienced Train Accident Attorney Can Help

But implementing these measures and recommendations as soon as possible will at least ensure that such tragedies do not happen in the future -- that more lives are not lost unnecessarily. Recently, more concerns were raised about unsafe conditions on Metrolink train tracks that have not been retrofitted in decades. These dangerous conditions exist at railroad tracks in Los Angeles, Orange and Riverside counties that are served by Metrolink. They pose dangers not only to commuters but also pedestrians, drivers and bicyclists.

If you or a loved one has been seriously injured in a Metrolink train accident, please contact an experienced California personal injury lawyer who will help fight for your rights and make sure your interests are protected. The best accident law firms will always provide a free and comprehensive consultation to injured victims and their families.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Los Angeles Metrolink Accident Attorney Concerned about Train Safety is a post from: Personal Injury Attorney News Portal

This week will mark the first anniversary of the fatal Los Angeles Metrolink train accident which occurred September 12, 2008, killing 25 and injuring 130. No question about it--it was the worst commuter train accident in Southern California history. A year after the Chatsworth train crash, Metrolink officials are still struggling with changes and safety reforms that are getting more complex and more expensive, the Los Angeles Times reports in a recent article.

Unfortunately, it took this catastrophic train accident to prod Metrolink to make changes and improvements. First, they learned that the engineer who was operating the train was texting seconds before the crash occurred. He apparently went right though a red light and crashed head-on into a freight train. Secondly, there was also a lot of discussion about the safety technology Metrolink had in place at the time. National Transportation Safety Board (NTSB) officials said during the investigation that they have long been urging Metrolink to install Positive Train Control (PTC) systems that use Global Positioning Satellite (GPS) systems to monitor train locations and speeds. With this system, if engineers ignore signals, the electronic devices automatically put on the brakes. These technologies, federal officials say, may have prevented head-on collisions such as the fatal Chatsworth wreck.

Significant Safety Challenges

A Times investigation shows Metrolink has been facing significant challenges over the last few years. Ridership has been falling. Fare revenues have dropped $1.4 million in the last quarter alone. Operating insurance premiums surged $1 million above estimates because of Metrolink's accident history over the last decade. The average was apparently one potentially catastrophic liability payout every two years. Although, thankfully, no catastrophic crashes have occurred since Chatsworth, smaller Metrolink accidents involving cars and pedestrians have not come down.

The bottom line here is that the Chatsworth tragedy could have been avoided. That is the fact that saddens and angers victims and their families the most. The catastrophic crash could have been avoided by adhering to safety regulations, demanding more aggressive and diligent enforcement of rules and investing in new technologies instead of clinging to antiquated systems. Another requirement Metrolink is looking into is having surveillance cameras in trains to monitor the actions of the driver and conductor.

Best Wishes to Train Accident Victims

As the first anniversary of this horrific tragedy approaches, my heart goes out to all the injured victims and the families who have been heartbroken by the loss of their loved ones. Many are still pursuing lawsuits against Metrolink. I hope these individuals get the justice and compensation they rightfully deserve. The California personal injury lawyers at BISNAR | CHASE send out our heartfelt prayers to all the victims of this tragic accident.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our source for the facts is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, please contact us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. Most of the best law firms will provide accident victims a free consultation.

We cannot fully inform any party or family member about their rights, options or the economic viability of any claim for compensation without a full investigation and consultation. We will not be conducting an investigation into this matter unless we are retained by a party. We will provide a free, confidential consultation to any, not at fault, person named in this article. The free consultation offer extends to family members as well.

First Anniversary of Tragic Chatsworth Metrolink Train Accident Approaches is a post from: Personal Injury Attorney News Portal

A San Francisco car accident involving two streetcars and a sports utility vehicle injured six people Monday evening and backed up traffic in the Castro district for hours.

The San Francisco Examiner reported that the car collision occurred at Market Street and Noe Street at 5:46 p.m. when a historic F-Market/Wharves streetcar rammed into a Nissan Pathfinder and sandwiched it between another streetcar.

The drivers of the rear streetcar and the SUV were both rushed to the hospital while medical personnel treated other injuries on the scene. Thankfully, both streetcars were not completely packed at the time of the accident, avoiding further injuries.

Completely Avoidable

Officials however were aghast at the second Muni accident in just over two weeks and admitted that this recent train accident could most possibly have been avoided.

"I'm just incredulous," San Francisco Supervisor Bevan Dufty said. "This looks like a very avoidable streetcar accident. I mean why are they even running so close together?"

Streetcar drivers are supposed to stay at least a city block or 250 feet behind other streetcars, but witnesses say that those involved in the recent train collision were much closer together, with the rear streetcar not slowing down even as Dufty said that he had been informed that its brakes were in working order.

Passengers meantime blamed the rear streetcar operator for the accident, claiming that the driver was busy talking to one of the passengers and not paying attention to other vehicles.

San Francisco Municipal Transportation Agency director Nathaniel Ford meantime also called the accident "intolerable and deeply frustrating."

"I know that the riding public is concerned about Muni safety, and so am I," Ford said hours after the accident.

The operators of the streetcars, Lonny Butler and Leonard Peralta, are being tested for drugs and alcohol and have been placed on non-driving status while officials investigate the car accident.

Muni Injuries on the Rise

It's always unsettling when accidents occur on our public transportation system. I'm thankful that there were no fatalities in Monday's crash but also join the public in its rising clamor for safer public transportation.

Data from the Federal Transit Administration shows that injuries arising from accidents involving San Francisco Municipal Railway trains have more than tripled in five years with 21 passengers injured in 2003 compared to 70 passengers last year. As of last month, 68 passengers have already been injured in light-rail train accidents in San Francisco.

Obviously, city and transportation officials must step up their efforts to provide a reliable and safe transit system for the public. Words are cheap when lives are on the line. However, when accidents occur, victims are advised to consult a California personal injury lawyer who can help make sure that they receive the proper compensation. Consulting a personal injury lawyer meantime can also spur concerned officials to take more drastic action to improve their safety policies and ensure that similar accidents are avoided in the future.

Six Injured as Streetcars Sandwich SUV in California Car Accident is a post from: Personal Injury Attorney News Portal

More and more people are getting injured in train accidents involving light-rail trains in San Francisco, a trend that has seen a consistent increase over the last four years, federal officials say. According to an Associated Press news report, train accidents involving San Francisco Municipal Railway trains injured 21 passengers in 2003. By 2008, that number has grown to 70 passengers, according to statistics provided by the Federal Transit Administration. On July 18, 2009, 48 people were injured in a Muni train crash when a moving train collided with a parked train at a station. Federal investigators say after a preliminary investigation that the crash, which injured four people seriously, was most likely caused by driver error.

The train accident injury rate is comparable to that of Boston. However it is slightly higher compared to light-rail systems in San Diego, Dallas, St. Louis and Portland. The operator in last week's crash said he blacked out before the collision after shifting his train from automatic to manual control. An investigation by the National Transportation Safety Board (NTSB) has found no problems with the train's brakes or any other mechanical problems or issues with the signaling system that may have led to the accident.

Apparently the city's light-rail trains are supposed to be equipped with surveillance cameras that could have captured the driver's blackout. However, cameras were not installed in the trains that crashed.

The key issue in this case is why the driver of the moving train bypassed all safety systems. Why did he shift from automatic to manual control before he was supposed to do so? Apparently, the agency's policy forbids the switch to manual outside a station without authorization from someone in the central control unit. But the agency apparently condones the practice to keep trains running on time. It took an accident of this magnitude for the agency to require its operators to get authorization before switching to manual control.

My partner, Brian Chase, who was interviewed by the San Francisco Weekly on this subject, gave some valuable insight about how such a train accident case involving a public transportation agency may be viewed by a jury. Normally, he says, the problem in such cases is that jurors worry about their "tax dollars funding a verdict" -- understandably so. However, Brian says, based on his experience, "jurors are less concerned about that when you have a 'righteous case.' If the allegations of Muni management allowing safety violations in order to pad on-time performance is accurate, it will be devastating to the city."

I absolutely agree with Brian. This driver essentially bypassed a safety system. And apparently, it was acceptable for him to do that. In this case, the Muni seems to have given its approval for operators to bypass a certain safety procedure. Unfortunately, this has resulted in a horrific accident and numerous injuries.

If you have been injured in this train accident, please contact an experienced California personal injury lawyer who can advise you about your legal rights and options. My staff or I will be more than happy to assist you in any way possible.

Train Accident Injuries Increasing on San Francisco's Light Rail System is a post from: Personal Injury Attorney News Portal