In the closing days of the Bush presidency, his administration proposed new federal railroad safety regulations which appear to preempt state safety laws. Attorneys for victims of railroad crashes are pushing the new administration to do a complete review of these regulations which favor corporations over individuals. The right of an injured person to be able to sue under state tort laws is an important check and balance that serves as an incentive for railroad corporations to safely operate their trains.
State safety regulations can coexist with federal railroad safety rules. The last minute regulation changes proposed by the Bush administration was just another example of their policy to shield big corporations and manufacturers from liability using preemption language. Congress and the Obama administration should be encouraged to block the Bush effort to bar the courthouse from yet another group of victims…those in tragic collisions with trains which usually result in catastrophic injuries.
Richard J. Arsenault, 2011
