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By Pottroff & Karlin LLC | railroad news
There are reasonable limits, yes. The railroad is not required to absolutely guarantee safety in any and all circumstances - highly unpredictable circumstances or accidents may fall outside of railroad responsibility. Passengers also must conduct themselves reasonably, by following railroad safety rules and not exposing themselves to dangerous conditions while the safe alternatives are accessible.
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By Pottroff & Karlin LLC | railroad news
Railroad companies have no responsibilities greater than they do towards their passengers. Railroads are considered "common carriers" - meaning that they offer transportation services to the public at large for a set fee. Common carriers are extremely liable for injuries to their own passengers, sometimes including injuries brought upon by third parties, depending on the circumstances.
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By Pottroff & Karlin LLC | railroad news
Far too common. According to the Federal Railroad Administration, there were 2,384 crossing collisions in 2008 alone. Operation Lifesaver estimates that a crossing collision occurs roughly once per two hours in the U.S. The statistics are alarmingly high. The fatalities generated by these tragic accidents run high - 797 in 2008 were killed, while 8,371 were injured. Alarmed? We are too. That's why we're fighting hard to change an industry where bare safety technology is usually not even implemented, and for the victims of this industry.
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By Pottroff & Karlin LLC | railroad news
There are two, equally important ways of approaching this question. First, it is important to emphasize that there are in fact changes being made. Various sectors of the public are well-informed about crossing safety issues and are thus very concerned and active in the push for safety. A tragic series of passenger rail crashes - the California Metrolink crash, then Boston, and now D.C. - has prompted many officials to look intently at railroad safety issues (although the focus here has not been primarily on crossings).
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By Pottroff & Karlin LLC | railroad news
Lebanon and North Lebanon Township appealed a decision requiring them to pay for a crossing gate at a problematic crossing which has been the site of several deadly vehicle-train collisions. Pennsylvania Supreme Court denied the appeal, to the shock of the two municipalities' officials. Norfolk Southern denied that they had any responsibility to pay for crossing gates (historical amnesia? logical blunder? creative corporate ploy? - likely a mix of all three). The decision might prove significant for Pennsylvania.
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By Pottroff & Karlin LLC | railroad news
The tragic Metrolink crash in Chatsworth prompted several officials to wake up to the serious and real safety issues present in the railroad industry. While most railroad companies have yet to lift a finger, safety changes and legislation are in the making. Given a history of false promises and repeated dodging of the issues on the part of railroad companies, promises of safety improvements are only to be taken seriously if steps are taken that are realistic and concrete yet extreme enough to actually help bring about change.
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By Pottroff & Karlin LLC | railroad news
A dangerous crossing in Brewton, AL has prompted a lot of confusion about just whose responsibility it is to implement adequate safety devices at a crossing. A study in 2006 concluded that safety devices at the crossing could prove crucial to saving lives. Three years later, just two weeks ago, a deadly collision between a log truck and a CSX train caused thousands of dollars in damage. Now the town is left wondering why no one bothered to build the safety devices after 3 years.
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By Pottroff & Karlin LLC | railroad news
"As an attorney who has litigated railroad crossing cases since 1966, I can honestly say that Mr. Pottroff is the most effective attorney in the country in the area of railroad highway grade crossing litigation."
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