June 2009 Archives

One would think that in this age of advanced technology we would avoid hearing about head-on collisions between subway cars. Unfortunately, this is not the case. In fact, just this week the Washington Metro experienced its worst catastrophe in its 33 year history. Nine dead, eighty injured and experts are asking what might have gone wrong. A review of the many factors that could have lead to the collision leads to one conclusion. Even in the age of amazing technology, we are always at risk because of bad administrative decisions or human error.

First, as in airplane accidents, one of the first questions asked is how old were the rail cars in the metro fleet. Experts believe that older cars are not built to sustain crashes as well. The railcars in the Washington accident are from the 1970's. The National Transportation Safety Board had previously asked the Washington Metro to replace them. We can only assume that it did not occur because of budget constraints. Second, irregularities in maintenance schedules must be received. It was reported for example that the train involved in the Washington Metro Accident was overdue for required brake maintenance. Lastly, investigators, will look at track conditions and all personnel involved in the collision.

With respect to a review of the personnel in the DC crash, amazingly, one of the train operators was supposedly a former bus driver with just three months experience. Additionally, the drivers mental state on that day will be reviewed. In other words, was the driver tired, or on any medication. Additionally, even more importantly in this day in age, investigators will seek to determine if the train operator was distracted. For example, was the driver on the phone or texting.

Interestingly, a comparison between the Baltimore and DC subways, revealed that Baltimore does not use any cars from the 1970's. DC still has three hundred in use. What a shame if this catastrophe occurred because the district just lacked proper funding.

With respect to damages for injuries or death, they may be limited to a jurisdictions cap on recoverable damages for pain and suffering. For example, those severely injured in Maryland may not recover the same as those injured in Virginia, Washington, D.C. or Texas, because these other jurisdictions to not limit damage recoveries for personal injuries.

Finally, damage recoveries can be limited if you accept money from the Metro Authority and then sign a release waiving your right to any additional compensation. Be very careful here, nothing is free. Funds that are set up to help inured victims, may be really a method for the Metro Authority to limit its total exposure by having people agree to less money and sign releases. If you speak Spanish, Chinese, Korean, Russian, or Vietnamese, for example, and your injured in such an accident, insist that the forms given to you be translated in your first language.

If you or a relative of yours has been injured in an accident, please contact the law firm of Portner & Shure for more information.

If you have been involved in a car accident, and it was not your fault, you in most instances you are entitled to get a rental car. In an accident case you may keep the rental until the repairs are completed to your car. If your car is a total loss, you should be able to keep the rental until you receive the total loss check. In accident cases, and while on vacation, you may wonder whether you should obtain the rental insurance the company offers. The answer in most cases should be no.

If you have collision, and liability insurance, your own insurance should cover you while in a rental car. Check with your agent, if unsure, but this should be the case. Further, certain credit cards also provide insurance if you charge the rental car bill using their card. Therefore, if you purchase rental car insurance, you may be buying something you already have paid for.

If you elect to decline the insurance read the contract carefully! Dollar Rental car agents, for example, when customers decline the insurance, ask them to initial certain boxes. Unlike other car company contracts, the Dollar contract is unclear and maybe purposely confusing. Be careful. When checking, decline, you may infact be buying the insurance. Specifically, a Dollar contract asks you, if you decline, to initial under the words: accept or decline with the daily rate listed. By initialing, unless you specifically write out the word, DECLINED, you may be held responsible because of the way they wrote their contract. In contrast, Enterprise, spells out the word decline on its contract and all you have to do is initial right next to that word. Our advice, be careful, and stay away from companies like Dollar with ambiguous contracts. In an effort to help consumers, our office will be seeking a review of Dollar contracts with the State Attorney General's office. We asked the Dollar company to review and correct its contract after this came to our attention. Dollar has refused, we can only assume its worth too much money to keep an ambiguous contract.