Train Accident Injury Claims: Recent Cases and Law
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Rodney Mesriani
Contact Rodney Mesriani
Santa Monica, CA
Practice Areas: Auto Accident, Disability, Employment, Personal Injury, Sexual Harassment, Social Security Disability, Wrongful Death
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With a passenger capacity that can run up to hundreds and speeds of up to 90 mph, fatal train accidents can be massive, catastrophic and deadly. On April 23, 2002, a Metrolink Train collided with a freight train in Placentia. Twenty-two people were seriously injured and two people tragically lost their lives when the crew of the freight train missed the signal to slow down and stop as Metrolink had the right of way. A formal investigation following the accident later on showed that it was indeed human error which caused the accident.
Almost three years later on January 26, 2005, a greater number of people died and got injured when a Metrolink passenger train got derailed and jackknifed when it tried to avoid hitting a parked SUV on the tracks. It struck a stationary freight locomotive and another Metrolink train moving in the opposite direction. Eleven people were killed and over 100 people were injured, with 40 of these passengers seriously hurt. The man who parked the SUV on the tracks, Juan Manuel Alvarez was convicted on the 11 murder counts and sentenced to life imprisonment for murder by train wrecking.
Another Train Accident and Liability
Three years later on September 12, 2008, the worst Metrolink train accident in history occurred. A Metrolink commuter train in Chatsworth collided head-on with a Union Pacific freight train and toppled one of the passenger cars and locomotive onto its side. 26 people, including the train’s engineer died and 135 people were injured. Although the accident is still currently under investigation, it was reported that the Metrolink train's engineer was near the end of a work week of long split shifts and was texting while operating the vehicle.
According to the National Transportation Safety Board who is leading the official investigation on the Chatsworth crash, the last text message sent by the engineer was at 22 seconds before impact.
Train Accidents and Laws Governing these Injury Claims
The recent Metrolink train accident in Chatsworth has triggered a growing concern on the public safety, management and operations of trains. This has resulted in regulatory and legislative actions such as an emergency order to temporarily ban the use of cellular communication devices by train crew members.
Most recently, video cameras will be installed in all Metrolink train engines to monitor the crew better and a move to install more costly technology that would automatically stop trains in an emergency is being planned by the Metrolink Board.
Legal Apects of Train Accident Injury Cases
The legal consequences of Metrolink train accidents can be quite complicated, unlike other personal injury cases it is more intricate as trains are classified as a common carrier. Several laws would be applicable and liability can be incurred not just to the operator of the vehicle but also the company running it.
Another law to consider, especially if you’re a Metrolink train accident victim is the Amtrak Reform Accountability Act of 1997. This law limits the amount of damages that can be received by all injured passengers and heirs of deceased passengers to a total of $200 million. Given the high number of casualties, the compensation for decedents and injured passengers are expected to reach millions.
Metrolink trains are common carriers, thus it owes its passengers the highest degree of care and vigilance of a very cautious person to carry them safely to their destinations. It is advisable to immediately get professional legal counsel in order to get the compensation you deserve in accidents such as these.
- This article is provided for informational purposes only. If you need help with an Injury Law question, click here to consult with Rodney Mesriani or a Personal Injury Lawyer in your area.
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