Railroad accidents usually involve multiple factors and extensive investigation. For example, about 5:56 a.m., on August 9, 1997, National Railroad Passenger Corporation (Amtrak) train 4, the Southwest Chief, derailed on the Burlington Northern Santa Fe Railway tracks about 5 miles northeast of Kingman, Arizona. Amtrak train 4 was en route from Los Angeles, California, to Chicago, Illinois, and had just left the Kingman station. The train was traveling about 89 mph on the eastbound track when both the engineer and assistant engineer saw a "hump" in the track as they approached bridge 504.1S. They applied the train's emergency brakes. The train derailed as it crossed the bridge. Subsequent investigation revealed that the ground under the bridge's supporting structure had been washed away by a flash flood.

Of the 294 passengers and 18 Amtrak employees on the train, 173 passengers and 10 Amtrak employees were injured. No fatalities resulted from the accident. The damages were estimated to total approximately $7.2 million.

The National Transportation Safety Board determined that the probable cause of this accident was displacement of the track due to the erosion and scouring of the inadequately protected shallow foundations supporting bridge 504.1S during a severe flash flood because the Burlington Northern Santa Fe management had not provided adequate protection, either by inspection or altering train speeds to fit conditions. Contributing to the accident was the failure of the Burlington Northern Santa Fe management to adequately address the erosion problems at bridge 504.1S.

The major safety issues identified were safety of structures subject to damage in severe storms, passenger safety and emergency response procedures, and protection of employees on or adjacent to the track in the performance of their duties.

Because of accident investigations such as this, the Safety Board can makes recommendations to involved parties and agencies. Those injured may also pursue civil claims against the driver, their company, and others. Civil claims can afford injured persons and their families’ compensation for their injuries, pain and suffering, and other loses.

Legal claims involving railroads can involve complex legal, technical, and safety issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• Did the train’s braking systems, the train’s signal and control systems, the weather, and the track conditions cause or contribute to the accident?

• Did the train handling, train crew qualifications, and train crew fatigue or impairment by drugs or alcohol cause or contribute to the accident?

• Did the release and ignition of hazardous materials complicate emergency response efforts?

• Did a fatigue crack cause the misloading of a container onto a foreign object causing the accident?

• Were preloading inspection procedures inadequate to ensure that foreign objects were detected on the floors of well cars?

• Was there sufficient emphasis on ensuring a complete preloading inspection of all well cars, to insure that structural failure would not happen?

• Was emergency response agencies take or create unnecessary risks during the response to the derailment because of inadequate emergency preparedness planning and training?

It is important that an experienced legal team evaluate all railroad accident claims. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved one are hurt in an accident, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.