A Hampton County law firm is encouraging individuals who have problems with the train that travels through Orangeburg to contact its attorneys.

The law offices of Peters, Murdaugh, Parker, Eltzroth & Detrick, through an advertisement in The Times and Democrat, are encouraging calls "If you or a loved one has suffered injuries, experienced dangerous encounters or observed railroad's signal malfunctioning on or at the railroad crossings in the city of Orangeburg."

The law firm is representing Jerry Welfare, an 89-year-old Orangeburg man who died after being struck by a Norfolk Southern train July 24, attorney John Parker said.

"We have had a few calls from people," Parker said, noting that three other individuals have made contact about the railroad during the last couple of weeks. "It is terrible. We are hopeful something can be done to reduce the speed to a reasonable rate less than 49 miles per hour."

Parker said the process to file suit is lenghty, but he said plans are to seek a trial in Orangeburg.

It is not the first time the law firm has represented individuals killed by the train at Orangeburg crossings.

The Hampton lawyers also represented Antonio Jermaine Singleton and Leon Myers Jr., who were killed when a train hit their 2000 Pontiac on March 7, 2002. The accident occurred at Magnolia Street and John C. Calhoun Drive.

Those cases resulted in an undisclosed payment to the families.

Currently, Parker said the law firm has a case against the railroad pending in Pickens County and another in Macon, Ga. He said there are presently about five suits against the railroad.

The city has had a feud with Norfolk Southern since the railroad company increased train speeds about seven years ago. The city has cited safety as a prime concern.

The death marked the fourth fatality at an Orangeburg rail crossing since the maximum train speed through the Garden City was increased to 49 mph. The maximum train speed was 15 mph until it was increased to 30 mph in December 2000, and increased again in February 2001.

There were 16 collisions at Orangeburg rail crossings between March 2001 and Tuesday. Three people have been killed in two crashes and a pedestrian was killed during a May 2006 mishap.

Prior to the increase in train speed, there were six train-car collisions between January 1996 and February 2000. After the increase to 30 mph, there were two accidents in December 2000. None of those accidents was fatal.

Orangeburg County Councilman Bernard Haire, who has been an outspoken critic on the train speeds and Norfolk Southern's relationship with the city, is pleased that others are getting involved.

"I hope that someone will get involved as it relates to the deaths and the accidents we have had," Haire said, noting that he has not had any contact with the law firm. "There is something that needs to be done. I can't consider the value of transportation goods and services has more value than individual lives. That is too high a price to pay to increase speed to get from point a to point b."

When asked about the Hampton County law firm's interest in Orangeburg County, Orangeburg City Administrator John Yow said the law firm has contacted the city requesting details on various train-related accidents.

Norfolk Southern has consistently contended that an increase in train speeds, according to Federal Railroad Administration data, does not necessarily lead to more frequent or more serious accidents. Train speeds are controlled by federal law, not local law, and are based on track structure.

Norfolk Southern says train speeds are well within what is typical through cities throughout the United States.

Yow said the city continues to examine the issue of train speeds.

"We requested S.C. DOT do a study of that whole corridor. DOT has been cooperating fully on that."

The study is ongoing.

Yow says each time the city speaks with Norfolk Southern, officials let the company know they think the speed is excessive.

While Norfolk Southern has cooperated in some areas, it has not on the issue of speed, he said.

"Anytime we discuss any issue with Norfolk Southern, we take the opportunity to discuss train speed," Yow said. "We have not gotten any cooperation on that."

The city would like to see the speed reduced to 15 mph, once the maximum speed for trains through the city.

"We'd accept 20, but 15 seemed to work well," Yow said.

The Hampton law firm has become the railroad's biggest nightmare over the years.

The firm has frequently had a number of cases pending against railroad companies -- even for accidents that have not occurred in Hampton County -- including CSX, considered one the largest railroad companies in the eastern United States.

CSX has challenged the practice of people bringing lawsuits to Hampton County as an unfair advantage for plai.jpgfs. Tort-reform legislation passed two years ago made transferring such cases into Hampton County more difficult.

The firm has had extensive experience with railroads as it has worked with a Portsmouth, Va., law firm that handles cases for railroad unions.

T&D Staff Writer Gene Zaleski can be reached at gzaleski@timesanddemocrat.com and 803-533-5551. Discuss this and other stories on-line at www.TheTandD.com.

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