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 D.C. 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 D.C. subways, revealed that Baltimore does not use any cars from the 1970's. D.C. 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, ot the District of Columbia, 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.
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