Train Accident Reconstruction and FELA & Railroad Litigation, Fourth Edition PDF eBook

• Author: James R. Loumiet, William G. Jungbauer
  
• ISBN 10: 1-930056-93-1
  
• ISBN 13: 978-1-930056-93-0
  
• Copyright Date Ed: April 30, 2005
  
• Pages: 539 pages
  
• Binding Information: Hardcover
  
• Size: 8.5 ✕ 11 Inches (US)

In Train Accident Reconstruction and FELA and Railroad Litigation you get the facts you need from the nation's leading authorities.

Even experienced accident reconstructionists are often unfamiliar with the myriad complexities of railroad operations and trains. Now, whether you are a novice or an experienced litigator, you can access a wealth of information in this groundbreaking text. In fact, much of the data and formulas are available here exclusively, saving you hours of tedious calculations and research.

The first half of the book gives you the thorough grounding you need in railroad operation and train accident reconstruction. Its sixteen concise chapters were written by James R. Loumiet, the industry's acknowledged technical expert. You'll start with the basics of railroad track structure, and progress to the design and operation of locomotives and railroad cars, braking performance, motor vehicle and human factors, and other vital facts. Of particular value are the numerous formulae presented that are commonly used by experts. You'll understand how to perform your own calculations, and learn how to probe the conclusions reached by opposing experts.

The second half of the book was written by William G. Jungbauer, the past president of the Railroad Law Section of the Association of Trial Lawyers of America (ATLA). Its twelve chapters are an excellent resource that will give you an edge - both in time spent doing research and later in litigation.

You can quickly access case law on all Federal Employers Liability Act (FELA) subjects, sample summary judgment motions on Federal Safety Appliance Act (FSAA) and Federal Boiler Inspection Act (FBIA) cases, sample interrogatories, discussions of grade crossing litigation and much more.

With a subject as demanding and complex as train accidents, it's an important tool to have on your side.

TOPICS INCLUDE

• Audibility issues at rail-highway grade crossings
• Demonstrative evidence in railroad litigation
• Derailments
• Forensic analysis of train collisions
• Locomotive cab safety and crashworthiness
• Patron slips, trips and falls
• Pedestrians and pedestrian-accident countermeasures
• Rail-highway grade crossing safety
• Railroad harassment of claimants and witnesses
• Railroad safety laws
• Slack action effects
• Train braking performance
• Visibility issues at rail-highway grade crossings
• FELA compensation and railroad benefits
• Locomotive, railroad car, and railroad track design
• Motor vehicle and human factors
• Train speed, time and distance calculations
• Train accident reconstruction

Table of Contents

PART I: TRAIN ACCIDENT RECONSTRUCTION

Chapter 1: Introduction
1.1 What is Railroad Accident Reconstruction?
1.2 Railroad Accident/Incident Statistics
1.3 Rail Modes, Classes, and Systems
1.4 Railroad Organizational Structure

Chapter 2: Railroad Safety, Training, and Operations
2.1 Railroad Workplace Safety
2.2 Employee Training, Qualification, and Certification
2.3 Railroad Communications
2.4 Terminal and Yard Operations
2.5 Testing and Inspection of Rail Equipment
2.6 Movement Authority and Traffic Control
2.7 Train handling and operations
2.8 Railroad Accidents and Incidents: Reports, Classification, and Investigations

Chapter 3: Shipper, Carrier and Consignee Duties in Freight by Rail
3.1 People Exposed to Loaded Rail Vehicles
3.2 Modes and Categories of Carriage
3.3 Interstate and Intrastate Carriage of Goods
3.4 Regulation of Interstate Common Carriage of Goods by Rail
3.5 Uniform Straight Bill of Lading (The contract of common carriage)
3.6 General Duties of the Rail Common Carrier
3.7 Common Law Exceptions to Common Carrier Liability
3.8 General Duties of the Shipper (Consignor) in Common Carriage
3.9 General Duties of the Receiver (Consignee) in Common Carriage
3.10 Placarded Railcars
3.11 TOFC/COFC and the Federal Motor Carrier Safety Regulations
3.12 Filing and Resolving Freight Claims
3.13 Casualty Claim and Litigation
3.14 Case Histories and Typical Accident Causes

Chapter 4: Track and Rail
4.1 Federal Law and Requirements
4.2 Industry Standards and Specifications
4.3 Track Classifications
4.4 Track and Appliances
4.5 Right-of-Way and Roadway
4.6 Geometric Design
4.7 Inspections and Maintenance

Chapter 5: Railcars and Locomotives
5.1 Freight Cars
5.2 Intermodal Cars
5.3 Passenger Cars
5.4 Locomotives

Chapter 6: Locomotive Cab Safety and Crashworthiness
6.1 Evolution of the Locomotive Cab
6.2 Environment
6.3 Crashworthiness
6.4 New Locomotives and Rebuilt Locomotives
6.5 The Future of Locomotive Cab Safety

Chapter 7: Train Braking Systems Design and Performance
7.1 Freight Car Braking Overview
7.2 Passenger Car Braking Overview
7.3 Locomotive Braking Overview
7.4 Control Valves
7.5 Brake Cylinders
7.6 Brake Pipe Pressure and Brake Cylinder Pressure
7.7 Brake Pipe Leakage and Gradient
7.8 Empty-Load Equipment
7.9 Wheel-Rail Adhesion and Sanding
7.10 Brake Shoe Type and Friction
7.11 Slack Adjusters
7.12 Wheel Diameter
7.13 Wheel Slide Detection Equipment
7.14 Foundation Brake Rigging and Lever Ratio
7.15 Rigging Efficiency
7.16 Net Braking Ratio (NBR)
7.17 Track Grade and Curvature
7.18 Train Resistance
7.19 Unbraked Cars
7.20 End-of-Train Braking Devices
7.21 Electronically-Controlled Pneumatic (ECP) Brakes
7.22 Hand Brakes

Chapter 8: Train Speed, Time and Distance Calculations
8.1 Retardation Forces
8.2 Deceleration Rate
8.3 Braking Distance and Speed Calculations Using Uniform Deceleration
8.4 Braking Distance and Speed Calculations Using Non-Uniform Deceleration
8.5 Braking Distance and Speed Calculations Using Computer Simulation
8.6 Maximum Train Speed Given Horsepower and Tractive Effort
8.7 Train Speed Given Motor Vehicle Crush Damage
8.8 Train Speed and Braking Distance Graphs

Chapter 9: Pedestrians and Pedestrian-Accident Countermeasures
9.1 Pedestrian Behavior
9.2 Characteristics of Child Pedestrians
9.3 Pedestrian Walking and Running Rates
9.4 Safety Countermeasures

Chapter 10: Rail-Highway Grade Crossing Design and Maintenance
10.1 Accident Statistics
10.2 Legal Responsibilities of Railroads and Roadway Agencies
10.3 Legal Requirements of Drivers at Crossings
10.4 Stages of the Rail-Highway Grade Crossing Maneuver
10.5 Vehicle-Train Conflict Circumstances
10.6 Driver Needs
10.7 Traffic Control Devices for Rail-Highway Grade Crossings
10.8 Sight Distance Requirements
10.9 Rail-Highway Grade Crossing Improvements
10.10 Technical Aspects of Rail-Highway Grade Crossing Defect Cases
10.11 Accident Reconstruction Aspects
10.12 Typical Defense Arguments

Chapter 11: Rail-Highway Grade Crossing Active Warning Systems: Function and Failure
11.1 Fail Safe Concept
11.2 Railroad Signal Systems That Use Relay Control Circuits
11.3 Track Circuits: The Heart of Railroad Signal Systems
11.4 False Activation
11.5 Activation Failure
11.6 Electronic Automatic Grade Crossing Warning Control Systems
11.7 Motion Detectors and Motion Sensors
11.8 Constant Warning Control Systems

Chapter 12: Visibility at Rail-Highway Grade Crossings
12.1 Human Visual System Function
12.2 Components of Vision
12.3 Testing of Visual Performance
12.4 The Visual System at Night
12.5 Necessary Visual Cues for Driving
12.6 Driver Visual Needs at Crossings
12.7 Human Factors of Railroad Visual Warning Devices
12.8 Adequacy of Existing Standards and Devices
12.9 Buckeye Crossbuck
12.10 Sun Glare
12.11 Non-Reflective or Absent Signs at Night

Chapter 12: Visibility at Rail-Highway Grade Crossings
12.1 Human Visual System Function
12.2 Components of Vision
12.3 Testing of Visual Performance
12.4 The Visual System at Night
12.5 Necessary Visual Cues for Driving
12.6 Driver Visual Needs at Crossings
12.7 Human Factors of Railroad Visual Warning Devices
12.8 Adequacy of Existing Standards and Devices
12.9 Buckeye Crossbuck
12.10 Sun Glare
12.11 Non-Reflective or Absent Signs at Night

Chapter 12: Visibility at Rail-Highway Grade Crossings
12.1 Human Visual System Function
12.2 Components of Vision
12.3 Testing of Visual Performance
12.4 The Visual System at Night
12.5 Necessary Visual Cues for Driving
12.6 Driver Visual Needs at Crossings
12.7 Human Factors of Railroad Visual Warning Devices
12.8 Adequacy of Existing Standards and Devices
12.9 Buckeye Crossbuck
12.10 Sun Glare
12.11 Non-Reflective or Absent Signs at Night

Chapter 16: Derailments
16.1 Track-Train Dynamics
16.2 Rail and Track Factors
16.3 Equipment and Lading Factors
16.4 Operational and Dynamic Factors
16.5 Derailment Investigation and Analysis

Chapter 17: Patron and Worker Slips, Trips, and Falls
17.1 Falls on Floors, Ramps, Stairs, and Escalators
17.2 "Man Under" Accidents
17.3 Gap Falls
17.4 Door-Capture Incidents
17.5 On-Train Falls
17.6 Trains Operating with Open Doors
17.7 Workplace Falls

Chapter 18: Train Accident Investigation and Analysis
18.1 Publications and References
18.2 Accident-Related Reports and Documents
18.3 Critical Accident-Related Points
18.4 Measuring and Documenting the Accident Site
18.5 Train Accident Analysis

PART II: FELA AND RAILROAD LITIGATION

Chapter 19: What Railroad Workers and Their Families Must Know in Order to
Protect Their Rights: The Do’s and Don’ts

Chapter 20: Checklists and Procedures
20.1 Basic Checklist for Negligence Claims
20.2 Federal Safety Appliance Act and Federal Locomotive Inspection Act Claims
20.3 Death Claim Checklist
20.4 Crossing Case Checklist
20.5 Deposing the Railroad Speed Tape Expert for Crossing Cases
20.6 Railroad Strategy in Severe and Catastrophic Injury Cases
20.7 Witness Statements Often Control the Ultimate Outcome of the Case
20.8 Legal Advising of Union Members
20.9 Questions Families Should Ask the Claims Agent
20.10 Questions to Ask Attorneys Desiring to Represent Injured Employees or Their Families

Chapter 21: Railroad Harassment of FELA Claimants and Witnesses
21.1 Railroad Harassment of Witnesses Is Illegal
21.2 Internal Disciplinary Hearings Are Used to Get a "Free Shot" at the Employee
21.3 Spoliation of Evidence must be Countered Aggressively

Chapter 22: An Overview of FELA

Chapter 23: Distinguishing Characteristics of the FELA
23.1 Language of the Act, 45 U.S.C. § 51
23.2 Characteristics of the FELA
23.3 Construction of FELA with Railway Labor Act (RLA)

Chapter 24: The FELA Negligence Claim
24.1 The Statutory Language
24.2 Distinguishing Characteristics
24.3 Occupational Diseases
24.4 Damages under the FELA
24.5 Damages in a FELA Death Action
24.6 Calculating FELA Damages: Issues Relating to Benefits, Payroll Taxes and Collateral Sources
Appendix: Legal Decisions Involving Railroad Retirement Board Benefits, Railroad Retirement Taxes and Collateral Source Determinations in Damages Calculations

Chapter 25: Railroad Safety Laws
25.1 Overview
25.2 Federal Safety Appliance Act (FSAA)
25.3 Federal Locomotive Inspection Act (LIA)
25.4 Federal Railroad Safety Act and Preemption and Preclusion

Chapter 26: The Americans with Disabilities Act of 1990
26.1 General Provisions of the ADA
26.2 Who May Bring an ADA Action
26.3 Procedure for Filing a Claim under the ADA
26.4 Remedies Available under the ADA
26.5 Problems Facing the Railroad Employee-ADA Claimant
26.6 Conclusion

Chapter 27: Third-Party Liability
27.1 Liability
27.2 Suing the Railroad and the Industry
27.3 Suing Van Companies
27.4 Settlement

Chapter 28: Grade-Crossing Cases
28.1 Overview
28.2 Railroad Negligence in Grade-Crossing Cases
28.3 Federal Preemption in Grade-Crossing Cases
28.4 The Easterwood Decision
28.5 The Shanklin Decision
28.6 Decisions in the Wake of Easterwood
28.7 Pre-Easterwood Decisions
28.8 What is Left of State Law Claims after Easterwood and Shanklin?

Chapter 29: Discovery
29.1 Interrogatories

Chapter 30: Sample Forms
30.1 Basic Pleading under the FELA
30.2 Motion Practice

Chapter 31: FELA Compensation and Railroad Benefits
31.1 Medical Benefits
31.2 Sickness Benefits
31.3 Short-Term Disability Benefits
31.4 Long-Term Disability Benefits
31.5 Cash Advances
31.6 Wage Continuation

Chapter 32: FELA and Railroad Articles

Chapter 33: Lost Services in Railroad Wrongful Death Litigation
33.1 Introduction
33.2 The Conceptual Meaning of Nonmarket Services in Vreeland
33.3 Treatment of Nonmarket Services in Forensic Economics
33.4 Implications for Measurement of Personal Consumption and Maintenance
33.5 Conclusion

Chapter 34: Remote Control Operations

Table of Cases