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BNSF Derailment on Interstate 40 Leads to Evacuation Orders

road closure sign depicted at scene of accident

Evacuation orders were issued and a 50-mile stretch of Interstate 40 was closed Friday after a BNSF train carrying hazardous materials derailed and caught fire near the Arizona-New Mexico state line.   

road closure sign depicted at scene of accident

According to the McKinley County Sheriff’s Office, the derailment occurred at approximately 12:41 p.m. and affected 35 railcars. Officials have stated that the train was carrying liquified petroleum gas, though other reports indicate that it may also have been carrying gasoline and non-odorous propane.  

As of Saturday afternoon, all lanes of Interstate 40 west of Gallup have been shut down, affecting traffic in both directions.  New Mexico State Police have stated that there is currently no projected end to the highway closure and is expected to remain closed indefinitely.   Additionally, evacuation orders have been issued for a two-mile radius surrounding the derailment.

During this time, it is critically important that hazards from the materials carried by the train are contained and that communication with the public is ongoing and transparent.   Derailments involving hazardous materials can have long-term implications on the health and safety of residents and visitors in the communities around them.

According to Transportation Secretary Pete Buttigieg, the Federal Rail Administration is leading the investigation into the derailment and emergency services are on the scene to manage the situation.  

A team of investigators from the National Transportation Safety Board have been also dispatched to begin their own investigation into the incident.  

BNSF Has a History of Causing Fires

BNSF Railway operates one of the largest freight railroad networks in the United States.  Unfortunately, this incident is another in a long history of BNSF causing fires, derailments, and other incidents due to negligence. 

According to Singleton Schreiber attorney Brian Colón, railroad companies like BNSF must be held accountable for prioritizing speed over safety.  “We’ve seen BNSF trains and railways cause devastation across the Western United States.  If negligence is found to be the cause, it is essential to hold the railroad company accountable for the derailment. This includes examining their safety protocols and maintenance records. At Singleton Schreiber, we have years of litigation experience and will be following this situation closely.”

“In fact,” Colón said, “we are currently in litigation against BNSF Railway. We filed suit in January as we believe they are responsible for causing the Tunnel 5 Fire last July.”

The National Transportation Safety Board seems to agree, finding that BNSF equipment was to blame for the Tunnel 5 fire in Washington.   The NTSB report indicated that carbon emissions and brake debris from a BNSF locomotive engine were the cause of that blaze that burned over 500 acres and displaced approximately 1,000 people.  

While this situation is evolving quickly, there is a critical need for a thorough investigation to determine the cause of the derailment in order to understand what went wrong and implement measures to prevent future incidents.  Attorney Brian Colón added, “This incident underscores the need for enhanced safety measures and stricter regulations for transporting hazardous materials to ensure such accidents are minimized in the future.”

Help for Those Affected

It is important for those in the affected areas to follow evacuation orders and safety instructions.  Since communication is crucial at this time, a hotline has been set up at 866-243-4784 for those impacted by the derailment.

However, in the days and weeks following this disaster, those who have been impacted may have questions and not know where to turn for answers.   

“These situations can be extremely difficult and, often, there is not a clear roadmap for where people can turn for answers,” Colón said.  “A law firm with experience handling these types of cases can be a vital source of information.”

If you or someone you know has been affected by the BNSF derailment, contact the fire litigation attorneys at Singleton Schreiber by calling 505-605-2076 or by emailing info@singletonschreiber.com.

Three Injured In Oakland Apartment Fire, One Suffering Critical Injury

On the morning of Wednesday, April 24th, firefighters put out an apartment fire in a building near the intersection of Martin Luther King Jr. Way and 60th Street. Crews responded to the apartment building around 10:45 am with multiple units and were able to get the fire under control just before 11 am. 

Oakland Fire Department Battalion Chief James Bowron reported that when fire crews arrived, they saw a fire burning on the first floor of the apartment building. Smoke was pouring out, said Bowron, and three burn victims had already been pulled from the structure.

The three injured burn victims appeared to be construction workers who were working on renovating a vacant apartment on the first floor of the two-story, four-unit building where the fire took place. One victim suffered very critical injuries, according to Bowron, while another suffered minor injuries, and the third was in stable condition. 

Ambulances transported the victims with critical and minor injuries to local area hospitals for treatment.

The fire was a quick flash fire, initially high energy and heavy smoke which caused some windows in the apartment to break. The fire was contained before it extended to other parts of the building. Until power can be restored to the building, occupants from the three other units will be temporarily displaced. 

Officials are still investigating the cause of the fire, but they suspect some sort of chemical cleaning agent was being used in the apartment. However, they are still unsure if the cleaning agent was involved in initiating the fire. 

The Oakland Police Department was called to the scene to help with traffic control. 

What Causes Burns In Construction Accidents?

Construction accidents are dangerous and can be devastating for those involved, especially when burns are involved. Causes of burns in construction accidents can range from electrical accidents to chemical exposure, and more. While these accidents cannot always be prevented because they may be out of the employers’ control, it is important that both employers and construction workers alike take the proper precautions to prevent burn injuries. 

Victims of burns can suffer from:

  • Scarring and disfigurement
  • Loss of function in the affected areas/limbs
  • Infections
  • Physical pain
  • Permanent disability
  • Respiratory problems
  • Psychological impacts (like PTSD)

Causes of Construction Accidents

In order to work to prevent construction accidents, we must understand what causes them in the first place. Some common causes include: 

  • Lack of proper safety training 
  • Lack of proper job site education
  • Improper or inadequate maintenance of machinery and other equipment
  • Unsafe working conditions
  • Electrical accidents caused by factors like unsafe practices, or faulty electrical wiring
  • Accidents caused by or involving heavy machinery and other equipment
  • Lack of supervision
  • Miscommunication on the job site
  • Collapses and structural failures
  • Chemical exposure 
  • Falling objects
  • And more

These can lead to injuries such as broken bones, traumatic brain injuries, burns, temporary or permanent disabilities, and more. 

While accidents happen, some things can be done to help prevent construction accidents, including:

  • Comprehensive safety training programs
  • Conducting regular safety checks and inspections
  • Task-specific training for things like operating machinery and handling hazardous materials

Legal Recourse After Sustaining Burn Injuries In A Construction Accident

Construction workers who’ve suffered burns in a construction accident have a few options for taking legal action. 

“As a personal injury attorney, I’ve seen firsthand how devastating burn injuries can be,”  says attorney Brett Schreiber, of Singleton Schreiber, “It is important that the victims of Tuesday’s construction accident, and others who have experienced similar situations know that they may have legal recourse. Contact a personal injury attorney with experience handling construction accident claims to learn more about your options.” 

Depending on the nature of the accident and your employer, you may be able to file:

  • A worker’s compensation claim
  • A personal injury lawsuit
  • A third-party claim
  • A product liability claim

If you or a loved one have sustained a burn injury, or another injury when involved in a construction accident, contact the personal injury attorneys at Singleton Schreiber by email at info@singletonschreiber.com.

Fatal Crash On I-5 Over The Weekend Leaves One Dead and Several Injured

Fatal Crash On I-5 Over The Weekend Leaves One Dead and Several Injured

Saturday night at least one person was killed in a crash on San Diego I-5 in downtown. According to California Highway Patrol (CHP), the fatal collision occurred just after 10 pm in the southbound lanes near the Imperial Avenue exit in the East Village neighborhood of downtown. 

Fatal Crash On I-5 Over The Weekend Leaves One Dead and Several InjuredCHP dispatchers said some 911 callers reported that the victim had been riding a motorcycle while others reported the victim was a pedestrian. Responders found the victim’s body in freeway lanes. 

The CHP incident log detailed that several vehicles were involved, though it is not clear if they were part of the initial collision or if it was a result of abrupt braking as the vehicles came upon the initial crash scene. 

Medics responded to the scene for several injured people, according to CHP logs, and all southbound lanes of I-5 were shut down overnight for about five hours, reopening around 3:30 am.

No other details have been made available at this time, authorities continue to investigate the matter.  

Increase In Fatal Accidents In The US Involving Motorcyclists and Pedestrians

According to data collected by the National Safety Council (NSC), it was found that in 2021, Saturdays witnessed the highest number of fatal car accidents in the United States. Out of the total 39,508 crashes recorded that year, 6,735 of those occurred on Saturdays, with the majority of those Saturday accidents taking place between 8:00 – 11:59 pm. 

Additional data from the NSC indicates that while motorcyclists make up only 3 percent of registered vehicles, they make up more than 16 percent of traffic fatalities. Moreover, in the past decade, there has been a 32 percent increase in motorcyclist deaths in traffic-related accidents. When looking geographically at where these fatal motorcycle accidents occur, California ranks second in the nation for fatal motorcycle accidents, with 634 deaths, following Florida, with 668 deaths. 

Data from the National Highway Traffic Safety Administration (NHTSA) shows that in 2021 more than 7,000 pedestrians were killed in traffic accidents in the US. California ranked ninth in the number of pedestrian accidents. 

Road Safety Tips

To keep everyone safe on the road, drivers, motorcyclists, and pedestrians alike must work together. “Our thoughts are with the family who lost their loved one in the tragic accident on Saturday,” says attorney Brett Schreiber of Singleton Schreiber, “motor vehicle accidents are on the rise, unfortunately. It’s important that victims of this accident and anyone involved in a similar accident know they may have legal recourse.” 

Drivers, motorcyclists, and pedestrians alike can work together to prevent accidents by:

  • Paying close attention to their surroundings
  • Avoiding distractions while driving or walking
  • Behaving predictably, using blinkers, and obeying traffic signals
  • Driving the speed limit
  • Walking only where permitted and using the sidewalk whenever it is available
  • Avoid driving or walking while under the influence of drugs or alcohol
  • Keeping an eye out for each other and yielding the correct right of way

If you lost a loved one in a motorcycle or pedestrian accident, contact Singleton Schreiber by email at info@singletonschreiber.com.

Car Involved In A Collision Topples Gas Pump, Trapping A Customer Underneath

Car Involved In A Collision Topples Gas Pump, Trapping A Customer Underneath

Car Involved In A Collision Topples Gas Pump, Trapping A Customer UnderneathTuesday, April 23rd, a vehicle lost control and veered off of the road into a Mobile gas station lot, where it crashed into a gas pump and toppled it onto a man who was pumping gas, trapping him underneath. According to Lieutenant Josh Langdon of the Escondido police, the incident occurred shortly after 10 am Tuesday. Two other individuals were injured in the incident as well. 

The accident occurred when two vehicles collided on the road near the intersection of East Valley Parkway and North Rose Street in Escondido. The impact of the collision sent one of the vehicles, what appears in video footage to be an SUV, hurtling into the gas station lot. 

When fire crews got to the scene the man trapped under the pump was awake, although Lt. Langdon said he did not know the full extent of his injuries. Fire crews took the man to the hospital after freeing him. 

Langdon also reported that fire crews had to pry open the driver’s door of the SUV that slammed into the pump. The driver was taken to the hospital as well. The driver of the other vehicle involved in the initial crash was also injured and taken to the hospital. 

What Tends To Cause Car Accidents?

Car accidents occur every day and can be caused by a myriad of factors that can contribute to their unpredictability and danger. Some of the most common causes of car accidents include: 

  • Distracted driving – using phones, eating, changing the radio, adjusting navigation systems, or even talking to other passengers 
  • Speeding – exceeding the posted speed limit or driving too fast for current road conditions
  • Drunken or drugged driving – operating a vehicle under the influence of alcohol, drugs, or medication
  • Reckless driving – engaging in aggressive behaviors such as tailgating, weaving through traffic, and disregarding traffic signals
  • Inclement weather conditions – rain, snow, ice, or fog can reduce traction and visibility on the road
  • Poor road conditions – uneven surfaces, potholes, and lack of signage 
  • Mechanical failure – brakes, steering, or other essential elements of the car may abruptly stop working 

“Car accidents can cause serious damage and injury, as we saw in Tuesday’s accident,” says attorney Gerald Singleton of Singleton Schreiber, “Our thoughts are with the victim’s family as they navigate life after this close call. While not all car accidents can be prevented, there are safety measures we can take to prevent being the cause of a car accident. If you or a loved one have been a victim of a car accident, you may have legal recourse and may want to contact a personal injury attorney.”

Steps Victims Of Car Accidents Should Take After The Accident

If you’ve been injured in a car accident, either by being directly involved in it or by being a bystander affected by it, you may have several legal options available to pursue to gain compensation for your injuries and other losses. Some steps you can take after the accident include:

  • Seek medical attention 
  • Document the accident if possible and safe to do so
  • Contact your insurance company
  • Consult with an attorney to explore your legal options
  • Negotiate with insurance companies for a settlement
  • File a lawsuit 

If you’ve been involved in a car accident and suffered a personal injury, call Singleton Schreiber today at (619) 771-3473 or by email at info@singletonschreiber.com to learn more about your options. 

Fatal Motorcycle Accident in Lakeside, Rider Identified as Alabama Man

Fatal Motorcycle Accident in Lakeside

Fatal Motorcycle Accident in LakesideLast Tuesday, April 16th, a fatal crash occurred between a motorcycle and a truck in Lakeside, California. The motorcyclist unfortunately died, and was publicly identified on Friday as Jeremy Michael Ponton, 34.

The crash took place shortly after 8 pm, when Ponton was riding his 2005 Kawasaki Ninja ZX-10R south down Winter Gardens Boulevard in Lakeside. Ponton was driving at a high rate of speed, according to the California Highway Patrol’s (CHP) Medical Examiner. 

As Ponton was driving down Winter Gardens Boulevard, a 2013 Ford F-150 backed out of a driveway directly into Ponton’s path. The collision resulted in both the motorcycle and pickup catching fire, according to the CHP spokesperson, Officer Jared Grieshaber. 

Paramedics transported Ponton to UC San Diego Medical Center in Hillcrest, where he succumbed to his injuries. 

According to Officer Grieshaber, the Ford F-150 driver and a passenger in his truck were unharmed in the accident.

Factors That Contribute To The Severity Of Motorcycle Accidents

Motorcycle accidents can be deadly, especially when they involve another vehicle, such as a car or a truck due to the stark difference in size and weight. There are several factors that contribute to the severity of motorcycle accidents, including:

  • Speed: if either the driver or rider are traveling at excessive speeds, it increases the likelihood of a fatal crash. 
  • Distracted Driving: both drivers and riders can contribute to accidents by being distracted by their phone, the radio, or other passengers
  • Driving Under The Influence: operating any vehicle under the influence of drugs or alcohol impairs one’s judgment, coordination, and reaction time thus increasing the chances of a serious accident

Legal Avenues Available To Families Who Have Lost Loved Ones In Motorcycle Accidents 

If you’ve lost a loved one in a motorcycle accident, you may have grounds for compensation. Depending on the insurance coverage of the motorcyclist, family members may be able to obtain compensation from the rider’s insurance policy. 

Additionally, family members may be able to file a wrongful death claim. Even if it seems that the fault of the accident may be shared between two or more parties involved, they may be eligible for compensation under California law. California operates under a pure comparative fault system. This means that each party involved in an accident can recover damages that are proportionate to their degree of fault in the accident, regardless of how much they are at fault. So, even if a party is found to be 99% at fault, they are still eligible to recover 1% of the total damages. 

“As a personal injury attorney, I’ve seen first-hand the devastating impact the wrongful loss of a loved one can have on families,” says attorney Gerald Singleton, of Singleton Schreiber, “Motorcycle accidents often result in fatalities. While nothing can take away the pain of losing a loved one, it is important that families of victims like Ponton know they may be eligible to file a claim for compensation to help them cover costs associated with the loss of their loved one.

If you have tragically lost a loved one in a motorcycle accident, call us today at (619) 771-3473 or by email at info@singletonschreiber.com to learn more about your options. 

Interstate 25 Fatal Crash Near Broadway Boulevard in Southeast Albuquerque

Interstate 25 Fatal Crash Near Broadway Boulevard in Southeast Albuquerque

Southbound lanes of Interstate 25 and a New Mexico Rail Runner Express Train were closed Thursday afternoon after a fatal crash near Broadway Boulevard. 

Interstate 25 Fatal Crash Near Broadway Boulevard in Southeast AlbuquerqueThe crash occurred around 4 p.m. April 18th and traffic lanes remained closed until just after 7:00 p.m. The Bernalillo County Sheriff’s Office responded to the crash, stating that while the Interstate was reopened, the train would remain shut down until debris is cleared. 

According to BSCO, the crash involved a fatality and several injuries, though details on the number of people hurt and the extent of their injuries are unclear at this time.   

Unsafe Driving Practices on the Rise Across the Nation

While the cause of the crash is still under investigation, it is possible that speed or inattention may have been a factor.  According to the NHTSA, speed that is unsafe for traffic or road conditions is a significant factor in fatal crashes.  In 2022, 29 percent of those killed in traffic crashes were involved in a speeding-related crash.  

Similarly, nearly 8 percent of road deaths in the U.S. occur in distraction-affected crashes. 

According to attorney Brian Colón, there are a number of behaviors that can lead to fatal traffic crashes. 

“While the exact cause of this crash is still under investigation, it still serves as a grim, yet stark reminder of risks associated with negligent driving practices. Speeding, distracted driving, and impaired driving are preventable behaviors that can lead to tragic outcomes,” Colón stated.   “It’s crucial for drivers to understand their responsibility on the road and for law enforcement to rigorously enforce traffic safety laws. We owe it to our community to strive for safer roads, ensuring such needless loss of life does not occur.”

Drivers can take road safety into their own hands by following posted traffic safety signs and signals and avoiding dangerous behaviors like speeding, drinking and driving, or engaging in distracting activities.  

Unfortunately, in this case, those tragic outcomes are a reality for an unknown number of motorists and their families.

“For those affected by this tragedy and those like it, the effects are real and devastating. As difficult as it can be at a time like this, it may be in the best interests of anyone who has lost a loved or been injured in a traffic crash to speak with an experienced attorney,” Colón went on to say.  

If you or a loved one have been involved in a motor vehicle accident, contact Singleton Schreiber today by phone or email, info@singletonschreiber.com.

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