Posted On: June 23, 2009

D.C. Metro Train Accident--Profits Over People Again: Train Car Needed Maintenance and Replacement With A Safer Train Car

Like many citizens of the D.C. metropolitan area, the negligence attorneys at Lebowitz and Mzhen, LLC are following the developments of the recent horrific D.C. Metro train crash that has so far claimed nine lives.

The complete facts concerning why the June 22, 2009 D.C. Metro Red Line train wreck occurred will not likely be known for several months. What is now know, however, does not inspire confidence in those running Metro for nation’s capital.

For example, news reports indicate that in 2006, the National Transportation Safety Board (NTSB) advised the Washington Metropolitan Area Transit Authority (WMATA)—the authority that operates Metro—to replace the model of the train that caused this deadly train wreck. The reason for the recommendation: there was a concern that the train car would not be safe in a collision.

Then, there is the issue of routine maintenance that was not performed on the lead car of the striking train. News reports indicate that the lead train car was to have had new brakes and brake components installed approximately two months ago.

Metro has not commented on whether the non-replaced train cars, or the overdue maintenance, had any role to play in the tragedy. As to replacing the older train cars, with news trains, the Metro leadership decided not to make the changes because of cost and complexity.

This tragic accident that has resulted in at least nine deaths highlights what we have observed for years: corporations place profits over people. Metro could have done better for its riders, but it did not. Jeanice McMilian, David Wherley, Ann Wherley, Lvonda King, Dennis Hawkins, Marry Doolittle, and Anna Fernandez paid the ultimate price. We send our deepest sympathies to their families.

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Posted On: June 23, 2009

D.C. or Maryland: Location of Washington Metro Train Red Line Accident Will Be Critical

When I listened to the first news reports about the tragic collision between the two D.C. Metrorail trains on the Red Line yesterday, the NPR broadcast said the collision occurred “near the D.C., Maryland border.” In addition to being struck by the unnecessary loss of life, and terrible injuries sustained to the victims and their families, as a lawyer, I thought to myself, the location of the train wreck will determine the level of compensation the metro train passengers and their families will be able to receive.

If Maryland were the location of the collision, the injuries would be worth less because of non-economic damages caps in place that artificially limit or cap the amount of money serious injuries are worth. However, in the District of Columbia, there are no caps that limit damages for the injuries themselves -- what some people call damages for pain and suffering.

The Metrorail train accident victims and their families will be going through enough difficult times ahead, but fortunately, because the train collision occurred in the District of Columbia -- between the Fort Totten and Takoma train stations, one thing they will not have to deal with are the damages caps. Again, there are no damages caps in D.C.

We have written about the damages caps before, and how we believe the caps unfairly harm the most injured victims of accidents. Here is an obvious example: Some train riders have died, some have suffered serious internal injuries, and some have serious orthopedic injuries including fractures, but if this incident had occurred a mile up the Red Line tracks in Montgomery County, the victims would not be able to receive full and fair compensation.

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