Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Subway and Train Accident

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Metro North Fire AccidentInvestigators found that the massive fire that erupted below the Metro North train tracks in New York last Tuesday was caused by illegally stored gardening chemicals at the The Urban Garden Center. The store located on E. 116th had its storage area between E.117th and E.118th Streets just below the Metro North train tracks. Despite storing large quantities of propane, fertilizers, firewood, soil and other gardening chemicals, the store owners never bothered to  asked authorities for a permit to store flammable material in this location. According to DNA Info if they would have done so the permit would have been denied.  The fire accident happened after employees at the Urban Garden Store Center spilled fuel on a hot generator while they were refueling it. Employees didn’t wait for the generator to cool down before refilling it. They sparked a fire that quickly turned into a massive blaze when it spread to the the flammable chemicals sitting nearby in the the storage area. According to the Gothamist there were at least 20 tanks of propane stored there illegally. The Metro North train services were interrupted until yesterday. Thankfully nobody was injured in this accident. Picture: courtesy of Ben Parkin on Twitter

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grade crossingA Metro North train crashed into a car in Bedford Hills NY last Wednesday.  The driver of the car was crossing the Green Lane railroad crossing when the car stalled. As the crossing gate started to go down she immediately realized what would happen next. She and her passenger quickly escaped from the car before it got hit by the train.  Thankfully nobody was injured in the crash. The service on the line was disrupted for thousands of passengers. New York Governor Andrew Cuomo who has been campaigning for the Federal Government and the MTA to improve grade crossings reiterate its call for better safety measures. Read more in the Lohud

Picture: an example of grade crossing courtesy of Wikipedia

 

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Two people died and dozen others were injured in an Amtrak train accident that happened between New York and Philadelphia  in the NorthEast Corridor yesterday morning. Train 89, also known as the Palmetto, struck a backhoe, killing the operator of the backhoe and an Amtrak supervisor.  The train had left New York for Savanah, GA around 6:00 am and was near Philadelphia when the accident happened.  None of the passengers died but more than 30 of them were transported to the hospital to be treated for non-life threatening injuries.

A team from the National Transportation Safety Board arrived yesterday at the site of the accident. They started to investigate the reasons why a maintenance crew was working on an active track. In a statement New York Senator Chuck Schumer indicated that it was highly possible that human error was the cause of the accident. He said that the Amtrak’s chairman, Mr Anthony Cosica told him that Amtrak employees have to follow a rigorous 20 step procedure to obtain clearance to place equipment on the track. Schumer added that a possible breakdown in communications between the train dispatchers and the maintenance crew may have been at the origin of the crash.

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Kew_GardensA commuter was killed after being dragged by a New York City Subway. The accident happened yesterday night at the Union Turnpike-Kew Gardens in Queens, NYC around 6:45 pm. The man was boarding the southbound F train when he got caught between the doors. The train then took off, dragging the man along the platform.  He was transported to the hospital where he later died. The New York Post reported the man may have been intoxicated. The police are investigating.

Door holding is something that New York Subway riders are practicing everyday but in this case a part of the man’s clothes apparently got caught in the closed doors and the engineer may have in fact received a signal that the doors were closed.

Picture: the subway station where the accident happened, source Wikipedia

 

 

 

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train accident fireAlmost a year ago 6 people died and 15 others were injured (including seven severely)  in a Metro-North train accident  between the Valhalla and Mount Pleasant stations in New York.  The Valhalla railroad accident that happened on the evening of February 3rd 2015 was the deadliest in Metro-North history.

Ellen Brody, a mother of three was driving her SUV through the Commerce Street rail crossing in Valhalla. The vehicle got stuck inside the crossing gate when it descended. The approaching Metro-North train engineer spotted her too late and crashed into her vehicle. She was killed in the accident along with 5 other train passengers who were sitting in the lead car of the train. An alleged defective third rail became dislodged and entered the first car of the train. Investigators believe the fuel from the car combined with the sparks of the dislodged third rail ignited the fire that ravaged car 4333 (see picture from the National Transportation Safety Board Investigation on the left).

Our partner, NY train accident attorney Howard Hershenhorn is representing the wife of one of the victims. Last week he filed a negligence lawsuit against Metro-North and its engineer Steven Smalls Jr. as well as the town of Mount Pleasant. The lawsuit lists multiple reasons for the defendants alleged negligence. Among them:

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howard Hersenhorn smallNew York Train Accident Lawyer Howard Hershenhorn  is representing one of the four victims who were killed when a sleeping engineer derailed a speeding train in the Bronx in 2013. He was recently quoted in a Lohud article related to this accident. Here is what he told the newspaper about the NTSB leniency toward William Rockefeller, the train operator:   “I think it’s an outrage that the NTSB gave him a pass because of the alleged undiagnosed sleep apnea, and his shift being changed. For God’s sakes, he’s a train operator.”

The article indicates that in the years before the fatal train accident, union members questioned the safety of  the Spuyten Duyvil curve and recommended installing a a system that automatically activates the brakes on a speeding train when an engineer is unresponsive but Metro-North never addressed their concern.

Read the complete article 

 

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As part of its investigation into the Amtrak train accident that killed 8 and injured more than 200 people, the National Transportation Safety Board thoroughly analysed the engineer’s cell phone calls, texts, data and cell phone tower transmission activity records from the phone carrier; and records from Amtrak’s on-board Wi-Fi system. This analysis indicates that the engineer was not using his cell phone while operating the train.  Read the NTSB press release

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Rail Road curve amtrak accident locationPreliminary data show that the Amtrak train crash that killed 7 people and injured more than 200 others was related to speeding.

The train was traveling at a speed of 106 miles per hour just before the curve (see picture) while it should have been traveling at 50 mph. The train engineer, 32 year old Brandon Bostian from Queens, NYC, applied the emergency breaks “just moments’ before the train derailed.

The engineer didn’t provide much information to the police and his lawyer said he has no explanation for the crash.

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Train engineerThe Rail Safety Improvement Act of 2008 was passed by Congress 1 month after 25 people died in a train crash in L.A.  Investigators found that just before the accident, the train engineer who was texting on his cell phone missed a signal indicating that a freight train was ahead of him on the same track and that he shouldn’t have proceeded on this track.  The train crashed at full speed in the freight train killing 25 people and injuring many of the 300 passengers on board.  5 weeks after the accident, the Rail Safety Improvement Act of 2008 was passed by Congress, requiring that all trains be equipped with positive train control system by the end of 2015.

Positive Train Control is a basic crash avoidance system that monitors speed limits and track signals  electronically and signal to the engineer if something is wrong. If the engineer doesn’t respond to the signal, the Positive Train Control system automatically takes over and decrease the speed or stop the train.

The rail industry has been pushing hard to delay the upgrade and have been trying to push the end of 2015 deadline even further.  If the railroad industry had been more proactive and the system had been implemented immediately after the Rail Safety Improvement Act was passed, train accidents such as the Amtrak Accident (see previous blog) that happened two days ago and killed 7 people as well the Metro-North derailment that happened in New York in 2013 and killed 4 passengers could have been avoided.

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Amtrak AccidentAn Amtrak train heading from New York to Washington DC derailed yesterday night in Philadelphia. 6 people died and many the 243 passengers of suffered personal injury and were taken to the hospital. Among the people injured 6 of them were in critical condition. The Amtrak accident happened yesterday night around 9:30 close to Frankford Avenue and Wheatsheaf Lane near a bend in the track. One of the nation’s deadliest railroad accidents happened in the same spot on Labor Day 1943. A train carrying military service members on leave derailed killing 79 of them and injuring 117. The cause of yesterday’s train accident is still unknown. Speed as well deteriorating infrastructure and aging equipment are among the potential factors to be investigated. Former Congressman  Patrick J. Murphy was on board when the accident happened and tweeted the pictures on the left.
Read more about this train accident in the New York Times

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