As an injury lawyer who regularly handles railroad accident cases, there’s been a lot of talk about “RailView” and LocoCAM” being used by many major railroad companies. Some people believe these devices can be used as key evidence in a railroad accident case. But what exactly is this technology and how reliable is it? Can it hold up in a court of law?
Let’s take a look…
“RailView (a.k.a. RailView Event Data Recorder) is a device that is usually mounted near the train engineer’s window. It provides a video recording of the train’s journey, reports the train’s speed, whistle activity, and braking activity.
LocoCAM functions similarly, though it’s mounted inside the train’s engine cab on the right side of the windshield at the level of the windshield wipers. The camera makes an ongoing record of conditions on the track and at crossings to increase safety awareness and to have a record for liability purposes in case of accidents.
Here’s a video illustrating how LocoCAM is used on a locomotive train…
http://www.youtube.com/watch?
The devices have been used in court by both plaintiff attorneys and defense attorneys. For example, attorneys in Petre v. Norfolk Southern Corp. used the RailView record to show that a Norfolk Southern train was speeding which led to the car/train accident which killed Wanda Petre. Nevertheless, the attorneys representing Norfolk Southern also utilized the RailView record to show that the speed at which the train was traveling (61 mph in a 60mph zone) was not sufficient evidence to prove the accident could have been prevented.
But the big question remains – are LocoCAM and RailView reliable and should they be used as rock solid evidence in a court of law? The jury is still out on both questions (pardon the pun). This technology is relatively new so there hasn’t been a major flaw detected…yet. However, I do not believe it can fully reflect the visual capacity of the railroad engineer, and therefore should only be used as a supplement to the railroad engineer’s testimony in court. As you can see by the video above, the LocoCAM gets a certain visual angle, but is relegated to that particular angle. It does not have the freedom of motion that the engineer has and, therefore, the visual range is not comparable. It can still be a helpful piece of evidence, just not an equivalent to first-hand account of a train accident.
About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA). Our attorneys have handled thousands of railroad injury and FELA cases. We would love to send you one of our FREE reports about railroad injury and FELA cases, including the Do’s and Don’ts When Injured at a Railroad – The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now to discuss your case, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.
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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.
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