HOME ABOUT US NEWS & ARTICLES LEGAL COMMUNITY CONTACT US July 30, 2010
Railroad Accident
             
 
Selecting a railroad accident attorney for your legal case is a very important decision. Please enter a zip code to find an attorney that serves your area:
 
Zip Code:  
 

Railroad Accident Newsroom

 
 

< Back to Previous Page

The Engineer Was Accelerating The Train During The Approach To The Accident Site

As the train progressed on its assigned route, the engineer found that the horn/whistle on the lead locomotive failed near Murray, Iowa, MP 370, around 10:21 p.m. He advised the dispatcher for the district of the problem and discussed the failure with the conductor. They decided that the conductor would ride in the second locomotive and activate the horn/whistle on the second locomotive when the train approached and passed through grade crossings. They used this procedure until, at Corning, Iowa, MP 414, the train entered a different train dispatcher's district. The new train dispatcher, upon learning of the malfunctioning horn/whistle, instructed the crew to reduce the speed of the train at the grade crossings rather than use the horn/whistle on the second unit. The conductor of train No. 5-17 came forward and rode in the lead locomotive with the engineer to assist him in observing the crossings. The engineer stated (and event recorder information confirmed) that he began reducing the train's speed at grade crossings. At MP 418.94, the train speed had been 16 mph while passing through a grade crossing. The engineer was accelerating the train during the approach to the accident site (MP 419.92). The event recorder indicated that, at MP 419.90, the train was traveling at 52 mph.

The engineer stated that near MP 419.90, he felt a "tugging" sensation in connection with the train's progress and heard a "grinding, screeching noise," so he made an emergency brake application about 11:40 p.m. When the locomotives came to a stop, the engineer and conductor looked back and realized that the train's cars had uncoupled from the locomotives, and most cars had derailed. The cars were about 1/8 mile behind the stopped locomotives. The engineer radioed the dispatcher and asked him to contact emergency responders. The conductor walked back and surveyed the damage. After reaching the cars, the conductor radioed the engineer and said, "...the wreck look[s] real bad." The conductor found the assistant conductor, and they cared for the passengers. Soon thereafter, local emergency medical service personnel began to arrive and immediately started to evacuate the injured from the train. The emergency response effort was completed by 4:00 a.m., March 18.

A broken rail was discovered at the point of derailment. The broken pieces of rail were reassembled at the scene, and it was determined that they came from a 15-foot, 6-inch section of rail that had been installed as replacement rail at this location in February 2001. The replacement had been made because, during a routine scan of the existing rail on February 13, 2001, the BNSF discovered internal defects near MP 419.92. A short section of the continuous welded rail that contained the defects was removed, and a piece of replacement rail was inserted. This rail, referred to as a "plug," was used to replace the defective rail segment. The plug rail did not receive an ultrasonic inspection before or after installation. It would have been visually inspected for obvious surface damage, defects, and excessive wear before installation.

The Safety Board could not reliably determine the source of the plug rail. Two different accounts were given concerning its origin. The local supervisor said the rail came from his inventory of rail and had been in the inventory for several years. Another engineering manager thought that the rail had come from a rail rehabilitation facility in Springfield, Missouri. In either case, the replacement rail would have been rail removed from another track location for reuse.

Portions of the broken plug rail were sent to the National Transportation Safety Board laboratory for further analysis. The analysis indicated that the rail had multiple internal defects. Specifically, the laboratory found that the rail failed due to fatigue initiating from cracks associated with the precipitation of internal hydrogen. Cracks associated with the precipitation of internal hydrogen occur in steels due to excessive hydrogen content produced during processing.


Contact a Lawyer now for a free case review.

 

 
  Latest News  
   
  Regional Resources
 
Alabama
Missouri
Alaska Montana
Arizona Nebraska
Arkansas Nevada
California New Hampshire
Colorado New Jersey
Connecticut New Mexico
DC New York
Delaware North Carolina
Florida North Dakota
Georgia Ohio
Hawaii Oklahoma
Idaho Oregon
Illinois Pennsylvania
Indiana Rhode Island
Iowa South Carolina
Kansas South Dakota
Kentucky Tennessee
Louisiana Texas
Maine Utah
Maryland Vermont
Massachusetts Virginia
Michigan Washington
Minnesota West Virginia
Mississippi Wisconsin
  Wyoming
Browse Map >
  Hot Topics
 
  • Train Derailments
  • Collisions
  • Railroad Accidents
  • Car/Train Collisions
  • Railroad Crossing Malfunctions
  Did You Know?
 
Pedestrian and Motorist Claims Against Railroads Will Usualy be Decided Under Negligence Laws.

A railroad's legal responsibilities to injured motorists and pedestrians will depend upon the factual circumstances of the actual train accident. Usually, pedestrian and motorist claims against railroads will be decided under the negligence laws of the state where the accident occurred.
 


Legal Disclaimers
All attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service. The information provided on Railroad Accident Lawyers.com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Please contact a local attorney in your area for official legal and law information. Your access to and use of this website is subject to additional Terms and Conditions.

Local Professional? Generate new business today
Call 866-227-9356 or contact a sales rep


This site is part of the LawFirms.com Network
©2010 ExpertHub, wholly owned subsidiary of MoxyMedia, Inc.