Posted On: June 24, 2009

Washington DC Metro Train Accident Death Count Goes Up to 9 Fatalities

Investigators are working hard to determine the cause of Monday’s deadly DC Metro train accident that officials are calling the worst in Metrolink’s history. The death toll has risen to 9 fatalities—although Washington Mayor Adrian Fenty says emergency officials don’t believe any more bodies will be found in the wreckage from the Red Line collision. More than 70 people were sent to hospitals for their injuries following the rush hour train crash.

According to officials, Train 112, the train that hit another train close to the Fort Totten Station, contained six of the oldest rail cars in the fleet. The train cars belonged to the Series 1000 models from the 1970’s. Several years ago, the National Transportation Safety Board recommended that the Washington Metropolitan Area Transit Administration replace these cars because their ability to withstand a train crash was uncertain. The transit agency, however, refused to retire the trains or strengthen their frames (which could have decreased the risk that they would collapse during a collision) because of cost concerns. Also, the trains were going to be retired in 2014.

The 290 1000 series cars comprise over 25% of Metro’s 1,126-car fleet. During Monday's train crash, part of train 112’s lead car ended up on the roof of Train 214’s trailing car. The impact of the crash crushed 2/3rds of Train 112’s lead car.

Train 112 was operating automatically at the time of Monday's train collision and evidence indicates that train operator Jeanice McMillan, who was among the fatalities, activated the emergency break before the train accident happened. McMillan, 42, had only three months’ experience as a train operator prior to Monday’s devastating wreck. National Transportation Safety Board chairwoman Deborah A.P. Hersman says that investigators are examining whether McMillan was tired, having health issues, or was talking on a cell phone or text messaging when the DC train accident happened.

Based on the current information and evidence that is available, experts say that the train crash may have occurred because of operator error, a faltering computer system, brake failure, or a combination of these factors. The Washington Post is reporting that Train 112 may have been two months past due for brake maintenance.

Unfortunately, because train 112 is an older train, it does not have a “black box.” The train that was struck is a newer train that was carrying a data recording device. Hersman says that the NTSB is examining a number of other issues, including system maintenance, personnel training, and the train tracks’ condition. Search, recovery, and investigation efforts are seriously affecting travel from the Maryland suburbs to downtown Washington DC.

Toll rises to 9 in D.C. rail crash, The Baltimore Sun, June 24, 2009

Train Operator Apparently Hit Brakes Before Crash, Washington Post, June 24, 2009


Related Web Resources:
Washington Metropolitan Area Transit Authority

National Transportation Safety Board

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Posted On: June 23, 2009

At Least Seven People Killed in Washington D.C. Metrorail Train Crash, Dozens Injured

Residents of Washington D.C., Maryland and surrounding areas are still reeling from news of a tragic commuter train crash that killed at least seven people and injured dozens more last night. For reasons not completely known, a Metrorail Red Line train collided at what appears to be a high rate of speed with a second, stopped train during Monday’s peak evening commute. The violent crash caused the moving train to jackknife, throwing several of its cars up and onto the top of the other train. According to reports, this “mass casualty event” is the worst train accident in the District of Columbia since 1982.

As a Maryland personal injury and car accident attorney, I have personally traveled on this particular Metro line many times in the past. As commuters, we all expect to travel in relative safety on subway trains and city buses. Ruling out any terrorist connection, this accident could have resulted from driver error or possibly faulty equipment on the tracks, or even the trains themselves.

Whatever the cause, the results are terribly sad for the families of those unexpectedly killed and painful for those hurt or hospitalized. Injuries from accidents like this can range from bumps and bruises to broken bones, traumatic brain injuries or damage to the spinal column.

News reports indicated that seven people have been confirmed killed and that more fatalities may be forthcoming. Initially, six people were confirmed dead, including the operator of the trailing train, Jeanice McMillan of Springfield, Virginia. Fire Chief Dennis Rubin said rescue workers treated 76 people at the scene and sent some of them to local hospitals.

So far, officials have no explanation for the accident. The National Transportation Safety Board (NTSB) is in charge of the investigation, while DC police and the FBI also have personnel at the scene. Normally, these trains should maintain a safe distance between each other, and it is not yet clear what went wrong.

There was also no official statement regarding how fast the one train was traveling before it hit the other waiting train, although the crash happened in a long stretch between rail stations where trains typically allowed to travel at higher speeds, according to a Metro spokesperson. Meanwhile, investigators are also searching the wreckage for the “black box” recording devices carried onboard these trains, which may hold answers to this horrendous event.

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Posted On: June 10, 2009

Family Plans for Wrongful Death Lawsuit Against the District for Woman’s Murder

The father and sister of Erica Peters, the woman who was murdered along with her two children in her apartment on March 21, are planning to sue the District for her wrongful death. The plaintiffs are contending that the 911 dispatcher and police may have botched their handling of an emergency call that was made on the afternoon that Peters, along with her sons, Eric, 11, and Dakota, 10, were killed.

Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters' live-in boyfriend, has been charged with all three murders.

Her family also believes that he isn't the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.

That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple's 2-year-old girl was also there and alive.

Wrongful Death for Murder
If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.

Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009

Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009

Related Web Resources:
Wrongful Death Overview, Justia

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