Tuesday, June 23, 2009

Victims of Metro Crash Have Good Reason to Be Angry

Those injured and the families of those killed in the metro crash in Washington, D.C. have good reason to be angry. Evidence is emerging that WMATA, the entity that owns and operates Metrorail in Washington, D.C., failed to perform required maintenance on the train's brakes, failed to modify aging train cars, and failed to take cars out of service that were outdated. News agencies are now reporting that 9 individuals were killed in the crash including an elementary school employee, distinguished members of the armed forces (including Major General David F. Wherley, Jr.), and young entrepreneurs aged 23-64. The NTSB is investigating the crash and preliminary reports indicate that the cause was a communication breakdown between operators, failure of the signal/automatic operation system and operator error (failure to apply emergency brakes). Evidence has also emerged that the striking train was amongst Metro's oldest in its fleet of trains. In fact, several years ago federal regulators told Metro that the car needed to be enhanced and strengthened (or put out of service) if they were going to continue to use it. Metro apprently did not listen to this simple recommendation. Evidence has also emerged that a similar incident (albeit without the tragic results) in 2005 where the metro signal system failed between Foggy Bottom and Rosslyn. Unfortunately, the operator of the train that apparently caused the crash died (Jeanice MacMillan, age 42 from Springfield, VA). Therefore it is unlikely we will learn exactly what happened. But one thing is for sure--the weather was clear. It was light outside. While there is absolutely no reason on the planet earth that Ms. MacMillan should have crashed the train into the stopped train in front of her, it is unfair to blame the crash solely on Ms. MacMillan. That is too easy since she is not here to defend herself. WMATA is to blame. They had an outdated train that they were told to take out of service and they did not. They need to be held accountable, and criminal charges should be considered againt the individuals who made this tragic decision. Our thoughts and prayers go out to the victims including the deceased and their families: David Wherely, Jr, Lavonda King (from Washington, D.C. NE), Ana Fernandez, Veronica Dubose, Mary Doolittle, and Dennis Hawkins. The phone number to call for information about possible victims is 866-797-4930 or just dial "311."

Monday, June 22, 2009

Information to Families of those Hurt or Killed On The Metro Train Accident

Our thoughts and prayers go out to those injured and families of those killed in today's Metro Accident that occurred in Northwest Washington, D.C. between the Takoma Park station and the Fort Totten Station. If you need information about passengers on the train, you should call 202-727-9011 or, from the Washington, D.C. area, just dial "311." Metro has advised riders to avoid the red line until further notice. The train accident occurred at 4:59 pm today and news reports indicate that 6 people were killed and about 70 were injured. Mayor Fenty descibed the metro train crash as the worst in its 33 year history. Although WMATA (the owner/operator of Metro) has not indicated the cause of hte crash, it seems that one train was stopped and another struck the stopped train in the rear essentially ripping the METRO cars apart. The operator of one of the trains is reported to have been killed in the crash. One of the passengers on the train when it crashed, Jodie Wickett (a nurse), indicated that she felt a bump and then the train came to a halt. Then, a few seconds later there was an impact and everyone went flying. The NTSB will certainly investigate this crash and determine its cause. It has been reported that in the history of metro rail system, there have only been 3 major collisions between trains--in 1982, 2004 and the one today (June 22, 2009). If you or your loved ones are considering bringing a legal claim against Metro relating to this crash, you should know the following: (i) there are likely causes of action for negligence and product liability involved in this, and it will be important to make sure that all evidence is preserved properly, (ii) The statute of limitations for negligence claims in Washington, D.C. is generally 3 years from the date of the incident, (iii) WMATA (Washington Metropolitan Area Transit Authority) which owns and operates the metro rail system in Washington, D.C., Maryland and Virginia, has a staff council office in Washington, D.C. In or experience, they are difficult to deal with and often do not treat those injured as a result of their operators negligence fairly. IF YOUR LOVED ONE WAS KILLED IN THE ACCIDENT, YOU SHOULD KNOW THAT THE STATUTE OF LIMITATIONS FOR WRONGFUL DEATH CLAIMS IN WASHINGTON, D.C. IS ONE YEAR. Therefore it is crucial that you act quickly and hire a qualified lawyer to pursue your claims. When an indiviual dies as a result of a train accident in Washington, D.C. there are two claims that need to be considered: (i) Wrongful Death Claim, and the (ii) Survival Claim (brought by the estate of deceased). The damages available for each of these claims are quite different. For more information on wronful death and survival claims click here: http://www.gfmlawllc.com/wrongful-death.cfm
To see the Washington, D.C. law on wrongful death and survival click here: http://www.gfmlawllc.com/dc%20death%20law_20070516093826.pdf
For more information about your legal rights if you or someone you love was injured in this terrible metro bus crash call us at 301-589-2999 x102. We are located just a block from the Silver Spring Red Line Metro Station.