Arkansas Train Injury Lawyer

Representing the Injured in Arkansas

To conduct effective and efficient discovery in a grade crossing case, it is important to have a general understanding of the way in which the railroad is structured. The railroad will not tell the collision victim's lawyer who knows what in the organization. An experienced Arkansas train injury lawyer will be able to depose the right person, having an appreciation and understanding of the managerial structure of the railroad. On a daily basis, a General Manager or Vice President of Operations has the ultimate duty to oversee the operations within a particular division where an accident may have occurred. A General Manager or Vice President of Operations usually supervises several divisions. In each division, there will be a Division Manager or a Division Superintendent. This person reports directly to the General Manager or Vice President of Operations. The Division Manager or Division Superintendent is responsible for obtaining and allocating an annual budget for the following departments within the particular division:

• Operations Department

• Civil Engineering Department

• Signal Department

• Maintenance of Way Department

• Claims Department

The Operations Department controls the movement of trains on and about the track, according to the regulations established by the particular railroad and approved by the Federal Railroad Administration. This responsibility includes supervision of the train crews, the engineer, the conductor, firemen and brakemen. The train crews are monitored and specifically supervised by an individual who usually has the title of Trainmaster or Road Foreman of Engines. The Trainmaster and/or the Road Foreman of Engines is charged with responsibility to ensure the safe operations and conduct of each train crew member. The Civil Engineering Department is responsible for the design criteria of the rail and roadway crossings. This Department interacts with state agencies when federal funds are available for the improvement or closing of crossings within a particular division. It is not unusual for a member of the Civil Engineering Department to work in conjunction with the Claims Department in regards to investigating a railroad grade crossing accident.

Typically, there is a Public Projects Engineer within this Department who serves as a liaison representative between the company and municipalities and/or the state regarding the upgrading of crossings under federal funds. The Signal Department is responsible for the design criteria and maintenance of both track signals and highway grade signals. The duties and responsibilities within this department vary depending on the type of assignment that they receive from the departmental head, which usually has the title of signal superintendent. The Maintenance of Way Department is responsible for the maintenance of the track and the sign boards located alongside the track. Their duties and responsibilities also include the maintenance in and about railroad grade crossings and their control of visibility at crossings to afford motorists a proper view of the crossing. This responsibility includes vegetation control in the railroad's right-of-way. Vegetation control within the railroad's right-of-way is sometimes subcontracted out to independent contractors. The Maintenance of Way Department is typically supervised by a manager of track maintenance, otherwise known as a Roadmaster. Under his supervision would be a track foremen along with the railroad's designated C.F.R. 49 Federal Track Inspector. The Claims Department handles all personal injury claims for that particular division, and will engage the assistance of the other four departments when necessary. The Claims Department's funding for settling claims is based on an annual budget, which is supervised by the Division Superintendent. Deposing all the relevant railroad witnesses is time-consuming and expensive.

Does your law firm know about the railroad's own internal rules?

Yes. The Operations Rulebook deals with the way the trains operate over the track. A Maintenance of Way book deals with the maintenance of the track and the railroad's right-of-way. Both manuals are written by the railroad and approved by the Federal Railroad Administration for the daily operations, procedures and conduct of said railroad company. Since there are only a few major railroad companies in the United States, we are able to use our knowledge from our prior train injury cases to help us in our future train injury cases.

How do you evaluate a train injury case?

We carefully study the facts surrounding the accident, injuries, and damages that arise out of the tragedy. We inspect the crossing scene as soon as possible, thoroughly photographing and videotaping the location. We utilize aerial photographs as well. Our goal is to closely preserve the crossing and the view of the motorist at the time of the collision. We know from our experience in past cases that the railroad company will take remedial measures that alter the accident scene. We engage the services of experts at the outset and ask the experts to visit the scene. The experts can then assist in analyzing the crossing for design defects and corresponding train handling errors. From there we begin gathering from the railroad information needed to prove that the railroad knew or should have known of the defective crossing and the need for special train handling in view of the defective and unreasonably dangerous crossing.

Is there an advantage to hiring a lawyer experienced in train injury litigation?

Yes. An experienced lawyer knows what evidence to look for. Absent knowledge, the trial lawyer usually begins at a disadvantage. The railroad will have immediately dispatched investigators to canvass the vicinity around the accident site to ask leading questions and take self-serving photographs, measurements, and witness statements. The railroad will quickly remove any significant visual obstructions in the railroad's right-of-way. The train crew will have been totally debriefed by the railroad’s trained investigators and lawyers. Through insight, experience and perseverance, we can turn the tables and hold the railroad accountable for its actions, or in-actions, in connection with an avoidable collision.

What kind of evidence will you be attempting to obtain to prove that the crossing was defective and unreasonably dangerous?

What we are looking for first is evidence of an inadequate sight-distance triangle or other unique local hazards that cause avoidable collisions. We also look for evidence of negligent train handling. We document and measure the scene as of the time of the collision. We will interview neighbors and local residents, the local police department, and the local newspaper to piece together exactly what happened at the time of the collision in question (i.e., did the train whistle sound as required?) and, also, the evidence of prior accidents at the particular crossing. We will obtain and analyze the “speed tape” for each engine and will gather needed information regarding:

• average daily traffic train volume

• maximum train speed

• prior accidents at the particular site

• the number of tracks

• speed limit for the adjoining highway

• whether school buses cross the particular crossing

• whether trucks containing hazardous material utilize the crossing

• the number of Amtrak trains that pass that particular crossing

We will study train speed very carefully, examining the applicable time table. We will request information from the Federal Railroad Administration and the state's Department of Transportation.