2010 June Archive

FRA Proposes Ban on Electronic Device Usage by Train Employees

By San Jose Personal Injury Lawyer on June 16, 2010 - No comments

Reckless driving practices often result in traffic accidents and personal injury in Sunnyvale and throughout the U.S. In recent years, the advent of new technology has created new ways for motorists to become distracted while behind the wheel, with cell phone use and text messaging being one of the primary culprits. Consequently, the Federal Railroad Administration (FRA) has proposed an amendment to railroad communication regulations that would restrict railroad operating employee use of such devices while a train is in transit. According to a tmcnet.com article, the FRA is also seeking comment on whether or not a violation of the proposed amendment should result in a revocation of a railroad operating employee’s certification.

Despite the fact that motorists are prohibited from using cell phones while operating their vehicles, the question of whether or not the same rules should apply to public transit drivers is up for debate.

While electronic communication is somewhat of a necessity for public transit drivers, there have been far too many instances of inattention leading to injury accidents. The FRA cites numerous examples of inattention, such as a June 2008 incident where a Union Pacific Railroad Company brakeman was killed when he moved into the path of a train while engaged in conversation on his cell phone. Another citied incident took place in May 2004 in Texas involving a head-on collision between two trains in which 22 personal phone calls were discovered to have been made by five crew members on both trains in a span of less than four hours while the trains were in transit.

Transportation companies in Northern California have an obligation to ensure that all safety measures are strictly adhered to in order to protect not only passengers, but all other motorists and pedestrians as well. In the event that a Sunnyvale train accident occurs due to the negligence of a train operator, particularly if the train operator is distracted while using a cell phone or other electronic device, then accident victims are entitled to seek monetary damages from all involved negligent parties. Damages sought may help cover the costs associated with the accident, such as medical bills, physical therapy fees, and even wages lost as a result of injury.

If you have been involved in a Northern California train accident, please don’t hesitate to contact the experienced Sunnyvale personal injury attorneys at Van Der Walde & Associates. Our skilled Sunnyvale accident attorneys will fight to ensure that your rights as an accident victim are protected in a court of law. For more information and a free case consultation, please call 877-862-6288 today.

 

San Jose Light-Rail Accident Caused by Left-Turn Driver

By San Jose Personal Injury Lawyer on June 11, 2010 - No comments

Safe driving practices are vital in protecting not only motorists, but passengers using public transportation as well. Rules and regulations are put in place to ensure everyone’s safety, and a disregard for such rules often results in San Jose traffic accidents that could lead to serious injury. According to San Jose’s Mercury News, a recent accident involving an SUV and a light-rail train occurred when the driver of the SUV attempted to make an illegal left turn into a gas station but was struck by the train before being able to do so.

According to the report, there were no injuries, although the female driver of the SUV was taken to the hospital as a precaution. The North First Street crash did disrupt light-rail train service for about one hour, but all passengers on the involved train were shuttled to the next train station, with no reported instances of passenger injury. Luckily, all involved parties were able to walk away from the San Jose train auto accident relatively unscathed.

Negligence is often at the heart of any accident. In the event that a motorist, vehicle passenger, or pedestrian is injured as a result of reckless driving practice of any kind, the injury victim is entitled to seek monetary damages from negligent. Such damages can be used to help cover the costs associated with the accident, such as medical bills, property damage costs, and past and future wages lost.

In instances involving public transportation or commercial vehicles, the company responsible for the involved vehicle or mode of transportation may also be held liable for damages if it is determined that the company acted negligently in any way that may have contributed towards the accident. Examples of such action could include failing to either properly maintain a vehicle or perform necessary background checks on employees.

If you have been injured in a San Jose train accident or auto collision, it is important to remember that you have rights as an injury victim. At Van Der Walde & Associates, our experienced San Jose vehicle accident attorneys will examine the circumstances surrounding your injuries, and will hold negligent parties accountable for their actions, seeking monetary damages on your behalf. For more information and a free consultation of your case, please don’t hesitate to contact a San Jose personal injury attorney today.

 

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