Residents of Elmira, New York (NY), claim there is no safe place to cross train tracks near Southside High School. Perhaps illustrating this more tragically than anyone wanted, a man has been struck and killed by a Norfolk Southern train at South Main and West Miller streets. The fatal crash has not stopped high school kids from walking home along those very same dangerous tracks.
As a Virginia (VA) railroad accident attorney, I know it’s the responsibility of the railroad to maintain the tracks and keep them safe. Fencing off trestles and railways in areas with high foot trafic can deter people from walking into the paths of oncoming trains. In fact, the Federal Highway Administration estimates that gates prevent more than 8 times as many grade crossing deaths as stop signs.
Rail companies call pedestrian deaths and injuries on railroad tracks “trespassing incidents.” I think the family of the man killed in Elmira would call it something different.
My colleagues and I have handled rail injury cases in nearly every eastern U.S. state. We've also written two in-depth, special reports on FELA rights for railroad workers and tricks employed by railroad claim agents. If you or a loved one has been the victim of an accident on railroad tracks or at a crossing, take the time to read our reports.
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About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
One Comment
Robert Pines
Seems the National Response Center Coast Guard brass don't bother answering questions about the false "Trespassing" reports.
bob todd
Mar 19
to HQS-DG-lst-nrc.
The National Response Center have the legal documents from a COURT where the railroads have ran down 1000's of people like dogs and reported trespasser? Who does the Coast Guard think they are to make false reports character slamming dead people?
Most states have laws for trespassing which don't even come close to your fake reports.
Robert Pines
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