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WASHINGTON – As lawmakers vet President Barack Obama’s pick to head the U.S. railroad regulatory authority, the nation’s biggest trial lawyers’ group is pushing for review of Bush administration regulations that it says weakens safety protections for people injured in railroad accidents.

The American Association for Justice wants the Federal Railroad Administration to review rules proposed late in the last administration that would preempt state safety laws. The proposed rules are currently stayed by a memo issued on the first day of Obama’s presidency.

“As the Obama administration continues the push to expand rail transportation and develop high-speed passenger trains, it is imperative [that] the new FRA administrator roll-back Bush-era regulations that protect corporations instead of injured consumers,” AAJ Director of Regulatory Affairs Gerie Voss said in a statement.

This week the Senate Commerce, Science and Transportation Committee held a hearing on Obama’s pick to head the Federal Railroad Administration, Joseph C. Szabo.

Szabo is currently the Illinois State Legislative Director for the United Transportation Union, and he serves on the FRA Railroad Safety Advisory Committee.

Voss pointed to a recent accident to highlight the importance of allowing state regulations to coexist with federal rules.

In 2008, a Metrolink commuter train collided with a freight train near Los Angeles, killing the engineer and 24 passengers, and injuring more than 130. Reports indicate that the engineer was sending text messages before the collision, in violation of rail operation rules.

Voss said the preemption language in the passenger safety equipment rule could be used to prohibit parties injured in that accident from filing state tort suits.

“State tort claims provide an added check on railroad corporations by providing incentives for manufacturers to make their products safer,” added Voss.

-Kimberly Atkins

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