Metrolink Train Collision
Overview
The rail disaster
that occurred on September 12, 2009, was the nation's deadliest in 15
years. This train wreck killed 25 people and left such a mass of
smoldering, twisted metal that it took nearly a day to recover all
the bodies. (LA Times) Countless lives may never be the same.
|
According to the recently released hospital report
these are the latest figures on those injured in the
Sept. 12 crash of a Metrolink commuter train and a
freight train in Chatsworth: * 86 Metrolink
riders were hospitalized after the crash
* 18
were still hospitalized Tuesday
* 4 were in
critical condition
* 1 was in serious condition
* 2 were in stable condition
* 11 were in fair or
good condition
Source: Times
research Metrolink officials
reported
that a train engineer's failure to heed a red light
signal apparently caused the catastrophic head-on
crash.
(LA
Times) |
|
Source: Consumer Protection and
Safety Division, California Public Utilities
Commission Report
|
|
Source: Consumer Protection and Safety Division,
California Public Utilities Commission Report
|
|
A Metrolink spokeswoman
took the unusual step of saying the agency was
responsible for the crash because the engineer ran a
red light and did not stop to let the freight train
pass.
CBS News reported that train recordings were
missing "Verbal Safety Checks."
"Currently in the News:
Metrolink locomotive cameras lead to probes of 2 engineers
One Metrolink locomotive engineer has been barred from the regional
commuter rail system and another is under investigation for
allegedly trying to block views of new video surveillance cameras
more... in the
LA Times
Feds fault engineer in Metrolink crash
Wrapping up a
16-month investigation into the deadly Chatsworth Metrolink crash,
the National Transportation Safety Board concluded in a report
more... in the
Daily
News
|
NTSB
report blames Metrolink engineer's text messages for deadly ...
“All recorded data and physical evidence in this
accident are consistent with the Metrolink train failing
to stop at the red signal at Topanga and ...more...
in the
VC Daily Star
National Transportation
Safety Board
Public Meeting of January 21, 2010, Railroad
Accident Report...more...
In the News
When it happened:
Metrolink conductor raised
concerns about engineer's cell phone use
Click here for the article in the
LA Times.
The Metrolink Disaster"
Click here for the article in the
LA Times.
Although the information presented in
the news is important, the attorneys at Cheong, Denove, Rowell, &
Bennett leave no stone left unturned. All responsible parties will
be identified, and all legal theories of recovery will be
aggressively pursued.
Higher Standard of
Care
Under
Negligence Law, a defendant must use reasonable care to prevent
harm to others. When the defendant is a
common carrier, such as the Metrolink, the law requires them to
use the highest care and the vigilance of a very cautious person. In
fact, the common carrier must do all that human care, vigilance, and
foresight can do under the circumstances to avoid harm to passengers
or property. (CACI 902.)
(CACI are the approved jury
instructions from the Judicial Council of California. Jury
instructions are read to the jury by the judge and establish the law
the jury must follow in deciding the case. A partner of Cheong,
Denove, Rowell & Bennett has been formally recognized as one of the
attorneys who assisted the task force in the preparation of these
jury instructions.)
Not only must the
common carrier use the highest care in transporting passengers
and property, but it must use the highest care in constructing,
servicing, inspecting and maintaining their vehicles and equipment
for transporting passengers or property.
CACI 903
The common carrier
has the duty to exercise the highest care to its passengers and
property. If the common carrier injures a non-passenger or property
that it was not transporting, the duty owed is that of ordinary
care.
Conclusion
Buses, trains and planes are
responsible for a greater number of serious injuries compared to
other forms of accidents. Due to the seriousness of the injuries,
the clients must often go to trial to recover just compensation.
Cheong, Denove, Rowell & Bennett has the resources and experience to
handle the most complex legal matters, yet is small enough to offer
individualized service to our clients. The Metrolink tragedy could
have been avoided. The attorneys at Cheong, Denove, Rowell, &
Bennett aim to prove it.
Cheong,
Denove, Rowell & Bennett
has the extensive resources to handle the most complex legal
matters, yet is small enough to offer individualized service to our
clients.
At
Cheong, Denove, Rowell & Bennett we believe the more you know, the
better choice you will make.
