RPWB attorney Dave Butler represent passengers injured in the Feb. 4, 2018 Amtrak train wreck in Cayce, South Carolina that sadly killed two railroad employees and injured more than 100 passengers. If you or a loved one was injured in the crash, please contact us immediately to learn about your rights and the potential for compensation.
In the early morning hours of Feb. 4, the passenger train was travelling nearly 50 mph when it suddenly veered from the main line and slammed into a parked CSX freight train, killing the two conductors and injuring more than 100 passengers. Many of those on board were rousted from their sleep in most violent fashion. Initial comments made by NTSB investigators indicate the cause of the wreck was an improperly aligned switch. Warning signals were apparently out of commission at the time due to a long overdue conversion to positive train control safety measures.
Despite a 2008 legal mandate to implement positive train control measures, or the ability to monitor and control trains and tracks remotely, less than 50 percent of our nation’s railways have made the conversion. The current deadline at the end of this year likely will be extended to 2020.
A recent search of the Federal Railroad Administration’s accident database indicates that improperly aligned switches remain a leading cause of train crashes. Between January 2012 and November 2017, there were 2,038 incidents reported in which a switch was improperly aligned.
The February train crash in Cayce demonstrates the real human toll of these preventable errors that occur all too frequently throughout the United States. It caused the most damage of the past 150 South Carolina rail incidents since 2008 combined, according to the NTSB preliminary report released on February 28, 2018.. We hope that it serves as a wake-up call that the railroad industry needs to move faster and more thoughtfully on implementing this technology.
It was also a switching error that led to South Carolina’s largest train disaster. In January 2005, a freight train carrying hazardous materials was diverted off the mainline and struck a parked train in Graniteville. The wreck and explosion killed nine people, injured more than 250 people and destroyed a significant part of Avondale Mills. Chlorine gas released during the crash forced 5,400 people from their homes. Terry Richardson served as co-lead counsel of the consolidated litigation, and was assisted by Dave Butler.
It saddens us how little has changed since Graniteville. We urge railroad companies and the federal government to speed up efforts to improve railroad safety. In the meantime, we will continue to do our part by holding railroad companies accountable in court.
RPWB attorneys can also help railroad employees injured in work-related accidents or suffering from occupational diseases. We can file suit against employers or other railroad employees under the Federal Employers Liability Act (FELA). These are not workers’ compensation actions. And, unlike workers’ compensation actions, in a FELA action, if negligence is proven, workers can receive much higher amounts. RPWB attorneys have represented railroad workers in such cases with significant success.
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Aug 18, 2022
With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State
Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation. This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability […]READ MORE
Aug 10, 2022
With a New Law, Camp Lejeune Water Contamination Victims Finally Have Legal Recourse
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Aug 03, 2022
Congress Passes Camp Lejeune Water Contamination Law
Over a 34-year period, many thousands of Marines and their families were exposed to dangerous water contamination at Marine Corps Base Camp Lejeune. After a long wait, justice may finally be in sight. Congress approved bi-partisan legislation on Tuesday night that will clear the way for veterans and their families to seek compensation in federal […]READ MORE
Jul 05, 2022
Camp Lejeune Water Contamination Law Close to Passing, Would Finally Bring Justice to Veterans and their Families
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Jun 21, 2022
RPWB Helped Doctors Get Refunds for Non-Conforming Records Software
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Apr 28, 2022
Federal Court Certifies Fair Labor Standards Act Collective Action Against Las Vegas Restaurant
A federal district court has authorized notice to current and former employees of the Boiling Crab restaurant in Las Vegas, Nevada who were employed at any time between March 23, 2018 and October 26, 2020. The notice permits current and former workers to opt-in to the pending litigation alleging that employees were improperly denied compensation […]READ MORE
Apr 26, 2022
Whistleblower Case Involving Medicare/Medicaid Fraud Settles for $24.5 million
Physician Partners of America, of Tampa, Fla., has agreed to repay the federal government $24.5 million in a settlement to resolve four whistleblower cases brought under the False Claims Act. Current and former employees of the company came forward to allege that the company billed Medicare and Medicaid for unnecessary medical testing and services, paid […]READ MORE
Apr 05, 2022
EPA Proposes Asbestos Ban
Many people do not realize it, but asbestos is not banned in the United States despite the fact it kills thousands of Americans each year by causing mesothelioma cancer and other forms of lung disease. That might be about to change. The EPA has announced it intends to ban the known carcinogen using new authority […]READ MORE
Apr 04, 2022
Asbestos Awareness Week Shines Light on Mesothelioma, a Cancer that Continues to Devastate
The first week of April 2022 is Asbestos Awareness Week in the United States. Members of both houses of Congress unanimously approved resolutions making the designation. Once ubiquitous in worksites and homes throughout the country, we are still experiencing the negative health effects of asbestos decades after its peak use. Mesothelioma, the insidious cancer caused […]READ MORE
Nov 04, 2021
U.S. News: RPWB is a Best Law Firm for National Mass Torts & Class Actions
RPWB is a top plaintiff law firm for our work on national mass torts and class actions, according to the 2022 Best Law Firm rankings by U.S. News & World Report. In addition to the national ranking for mass torts/class actions, RPWB was listed as a Best Law Firm for personal injury, product liability, medical […]READ MORE
Oct 06, 2021
Jury Awards $8.2 million to Soldier in 3M Military Earplugs Case
Pensacola, Fla. – Another federal jury has found 3M liable for producing defective earplugs that caused our nation’s veterans to suffer from hearing loss and tinnitus. On October 1, 2021, jurors awarded $8.2 million to Army veteran Brandon Adkins of Washington, marking the third trial in which plaintiffs have been awarded money from 3M to […]READ MORE
Sep 23, 2021
Burke: The Challenges and Responsibility of Representing Veterans
RPWB member Beth Burke led a continuing legal education session on representing veterans and military personnel at the Southern Trial Lawyers Association Annual Fall Conference in Louisville on Sept. 17. The topic was especially important to Burke, who grew up not far from Charleston. Southern states produce 44 percent of our nation’s troops. Charleston is […]READ MORE
Aug 19, 2021
16 RPWB attorneys named to 2022 Best Lawyers list
Mount Pleasant, S.C. – Sixteen RPWB attorneys are listed in the 2022 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort and medical malpractice litigation. RPWB is the top-listed plaintiff firm in South Carolina for mass tort/class actions & product liability litigation. For the first […]READ MORE
Jul 19, 2021
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The use of a checkpoint inhibitor along with a drug to slow the growth of new blood vessels may delay the progression of peritoneal mesothelioma as well as increase the life expectancy of patients diagnosed with the deadly disease caused by asbestos exposure. A study by the University of Texas MD Anderson Cancer Center found […]READ MORE
May 03, 2021
Jury Returns $7 million Verdict Against 3M in Military Earplugs Lawsuit
Jurors in the first military earplug lawsuit returned a $7 million verdict that included more than $6 million in punitive damages against 3M for selling the military faulty earplugs. Combat Arms earplugs were widely used in the military between 2003 and 2015. The design of the earplugs made it difficult for service members to get […]READ MORE