Train accidents can include derailments, train-passenger vehicle collisions, collisions with other trains, any accident resulting from a mechanical failure, or any occupational illness or injury to a railroad employee. If you or someone you love has suffered serious personal injury or death as a result of a train accident, it is wise to seek the early advice of a qualified personal injury attorney who can evaluate your case and determine whether you may be eligible to file a claim to recover your losses.
In recent years, more than 900 people a year have been killed in train accidents and many more suffered serious personal injuries. The Federal Railroad Administration (FRA) sets strict railroad safety guidelines and holds the railroad industry liable for passenger safety. In addition, the Federal Employers Liability Act (FELA) protects railroad employees who have suffered occupational injury or illnesses as a result of hazardous chemical exposure in the workplace.
The lawyers of Rossman Baumberger Reboso Spier & Connolly, P.A. have represented injured workers and their families as well as victims of all kinds of railroad accidents since the firm was founded in 1974. We are actively representing victims of:
- the January 2005 Graniteville, S.C., railroad disaster which killed 10 and injured hundreds when a toxic cloud of gas covered the community;
- the April 2002 Amtrak Auto-Train derailment near Crescent City, Fl., putting 21 cars on the ground, killing four and injuring 142;
- the November 2004 rail collision near Vitis, Fl. (Pasco County), which killed the conductor
Partners Charles Baumberger and Howard Spier have been called upon to discuss the rights of rail accident victims and injured railroad employees before legal and union groups. Chuck Baumberger is a rail worker's son and has represented railroad workers for most of his 40-year legal career. Howard Spier has represented railroad employees and victims of rail accidents for a quarter century. He is a board member of the Academy of Rail Labor Attorneys. The firm is the only designated counsel in South Florida of the United Transportation Union and the Transportation Communications Union. Our knowledge of railroads and the law has given our firm an edge in representing victims of both rail and maritime disasters, which involve common legal issues.
VERDICTS
Elderly Amtrak passengers injured when auto train derails: $800,000 settlement
Harry and Beatrice Singer, 92 and 82 years old, were traveling the Amtrak Auto Train to transport their car in Crescent City, Fl., April 2002, when the train derailed, throwing them around inside.
Three Rossman Baumberger partners, Howard Spier, Chuck Baumberger and Alex Reboso, worked on the case. Their investigation found that the track, owned and maintained by CSX Transportation, had not been inspected in the weeks leading up to the crash. In addition, the National Transportation Safety Board investigation supported the law firm’s finding that erosion of the track side embankment and unstable track structure were factors in causing a section of the track to go out of alignment.
Both suffered extensive injuries, from which they partly recovered. As a result of a thorough investigation and demonstration of the Singers’ injuries, RBR&S obtained a settlement of $800,000 for Mr. and Mrs. Singer from Amtrak and CSX Transportation.
RBR&S partners get $750,000 settlement for worker injured in South Carolina rail yard
In April 2001, a high-rail truck traveling in reverse failed to sound an alarm. The truck hit a 24-year-old freight train conductor in the CSX rail Yard located in Cayce, S.C., near Columbia.
Partners Howard Spier and Chuck Baumberger represented conductor Brian Hodge, whose leg was severely injured during the accident. According to Mr. Spier, not only did the truck fail to sound a backup alarm, but also the railroad company did not have a spotter behind the truck which was traveling on the track.
After the accident, Mr. Hodge had surgery on his injured left leg to insert a rod that is held in place by screws. He has a slight limp and is unable to lift more than 20 pounds.
Just prior to trial, Mr. Spier and Mr. Baumberger obtained a $750,000 settlement for Mr. Hodge.
Electric cart at Amtrak station improperly maintained; $233,000 settlement for worker’s knee, shoulder injuries
RBR&S partner Howard Spier handled the case of a 51-year-old Amtrak employee, Judy Seymour-Harris, who was injured in October 2000 while operating an electric cart that went out of control at about 5 mph.
The cart struck a nearby train at Amtrak’s Hialeah station, causing Ms. Seymour-Harris to be thrown from the cart and onto the cement platform. Through experts in mechanical engineering and accident reconstruction, Mr. Spier established that the accident occurred because of defects in the cart, that was also negligently maintained.
As a result of the accident, Ms. Seymour-Harris suffered injuries to her left knee and injuries to her left shoulder that necessitated surgery. In addition, she developed and was treated for fibromyalgia. Because of her physical condition, she was deemed disabled from returning to her job with Amtrak.
Three days before trial, Mr. Spier reached a $233,000 settlement on her behalf.