Washington DC Injury Lawyer Blog

The Washington Metropolitan Transit Authority (WMATA) settled seven lawsuits brought by the families of people killed in a 2009 crash on the Red Line. The crash remains the deadliest accident in WMATA’s history. The exact terms of the settlement are confidential. Along with three companies that provide equipment for the train system, WMATA has admitted liability for the crash in a court document filed in mid-February. Four remaining lawsuits, two for wrongful death and two for injuries sustained in the crash, are expected to go to trial.

The crash occurred just after 5:00 p.m. on June 22, 2009. A faulty circuit in the automatic train control system failed to detect a train on the track. It directed Car 1079 into the parked train at full speed. Car 1079 was pushed up onto the other train before coming to rest. Nine passengers died in the crash, and dozens were injured.

An investigation by the National Transportation Safety Board (NTSB) scrutinized WMATA and the Tri-State Oversight Committee, which has responsibility for monitoring safety. The NTSB concluded that the control system’s failure directly caused the crash, and that WMATA had “failed to prioritize safety at all levels.” Multiple WMATA officials left or were reassigned. All trains have been operated manually since the crash, while they develop new safeguards.

Families of each of the nine people who died filed wrongful death lawsuits against WMATA and several of its suppliers. People who were injured in the crash also filed lawsuits to recover for their injuries. The recent settlement news resolves all but four of the lawsuits. The remaining suits are pending in the U.S. District Court for the District of Columbia.

The admissions of liability from WMATA and the other companies will make the trials go more smoothly. In a court filing, they say that they are stipulating to liability in order to “avoid the significant risks and costs” involved with a courtroom fight over the issue. The only issue for trial in the remaining cases, therefore, is the amount of compensatory damages each plaintiff should receive.

The day after the announcement of the settlements and the admission of liability, the judge presiding over the cases issued a gag order preventing the parties from discussing it publicly. A pretrial conference was reportedly scheduled for March 1. At least one of the cases, a wrongful death claim brought by the mother of victim Lavonda King, is scheduled for trial in mid-March.

Continue reading "Washington DC Metro Settles Seven of the Nine Wrongful Death Lawsuits Brought Over 2009 Red Line Crash" »

According to the Associated Press, two years after two Metro trains collided with one another near the Fort Totten station on the red line, no resolution has been reached in the DC wrongful death lawsuit filed by the surviving family members of those who died and the victims who were injured. The tragic Washington DC metro crash, which occurred on June 22, 2009 killed nine people—eight passengers and the train operator—and injured over 70 people. The numerous complaints that were filed have been consolidated into one case and the trial is scheduled for February 2012.

Officials say that Train 112, which struck the other train, included six of the oldest cars in the fleet. As far back as several years before what was called the worst Metrolink train crash in history, the National Transportation Safety Board had recommended that the Washington Metropolitan Area Transit Administration change these cars because there ability to make it through a train accident was not certain. Cost concerns prevented the WMATA from replacing the trains, which were supposed to keep running until 2012. Also, the train operator, Jeanice McMillan, reportedly had just three months experience on the job when the deadly accident happened.

Train Accidents
Train crashes can result in devastating consequences for those involved. It is so important when pursuing recover that you work with an experienced DC train accident law firm that understands the intricacies of this type of case. Common causes of train accidents:

• Operator error or inexperience
• Train derailment
• Train malfunction
• Operator inattention
• Inadequate maintenance
• Mechanical failure
• Improperly switched lines
• Speeding
• Miscommunication
• Errors by motorists or pedestrians
• Train crossing malfunctions

There may be more than one party who should be held liable for your DC train crash injuries or your loved one’s death.

Lawsuit over DC Metro train collision that killed 9 readying for trial in 2012, Washington Post, June 21, 2011

Related Web Resources:
Washington Metropolitan Area Transit Authority

Metro

More Blog Posts:
Washington DC Train Accident: NTSB Cites Systemic Problems Even Before the Metrorail Crash that Killed 9 People, Washington DC Injury Lawyer Blog, July 27, 2010

Washington DC Metro Train Accident Death Count Goes Up to 9 Fatalities, Washington DC Injury Lawyer Blog, June 24, 2009

One Year After Deadliest Metro Train Crash, Families of Victims Oppose WMATA's Motion to Dismiss Washington DC Wrongful Death Lawsuit, Washington DC Injury Lawyer Blog, June 26, 2010

According to the National Transportation Safety Board, Metro was experiencing systemic issues even before the June 2009 Washington DC train crash that left 9 people dead and injured at least 70 others. The Red Line collision, called the worst in Metrorail’s 34-year history, involved one transit train rear-ending another during rush hour. One train ended up jackknifing and falling on top of the other train.

The Metro’s tracks were not working properly at the time and did not automatically slow down the approaching train. This means that the train operator of that train was getting messages telling her that she could keep going at a speed of 55 mph. She applied the emergency brakes three seconds after seeing the other train. Although the brakes worked, this only gave the train enough time to slow down to 44mph by the time of impact. Now, NTSB Chairwoman Deborah A.P. Hersman is saying that Metro was on a collision course long before this train accident and that its safety system had already been compromised.

Prior to the June 2009 DC Metrorail accident, there had been other fatal crashes that had killed employees. Unfortunately, according to Hersman, Metro failed to implement the needed prevented measures after they happened.

Metro says that it now assesses track circuit performance two times a day, has put into place a new test to find circuits that may be prone to problems, and is no longer mixing train control parts from different makers. Its trains are now being operated manually instead of automatically.

Meantime, the Washington Metropolitan Area Transit Authority is trying to get the Washington DC wrongful death lawsuit, filed by the families of the victims that were killed in the train crash, dismissed on the grounds that the defendant is a “quasi-government entity” that therefore has “sovereign immunity” from such complaints. The families Washington DC wrongful death lawyers are fighting this request.

NTSB: Metro had systemic problems before crash, AP/Google, July 27, 2010

Where crash report leaves Metro riders, Washington Post, July 27, 2010

One Year After Deadliest Metro Train Crash, Families of Victims Oppose WMATA's Motion to Dismiss Washington DC Wrongful Death Lawsuit, Washington DC Injury Lawyer Blog, June 26, 2010

At Least 9 Dead After D.C. Metro Trains Crash, Fox News, June 23, 2009

Related Web Resources:
Washington Metropolitan Transit Authority

National Transportation Safety Board

As loved ones and friends gathered on Tuesday to mark the one year anniversary of the deadliest DC Metro train crash in the Metrorail’s history, the attorneys for eight of the families gathered in court to file a motion opposing Washington Metropolitan Area Transit Authority’s petition, submitted last month, to dismiss their Washington DC wrongful death complaint on the grounds that because WMATA is a “quasi-government entity” it has “sovereign immunity.” The family of one of the victims, train operator Jeanice McMillan, is not included in the legal action.

The plaintiffs have accused WMATA of bearing no responsibility for the deadly Red Line crash that killed nine people and injured at least 70 others when one Metro train rear-ended the back of another train last June. One train ended up on top of the other, and firefighters had to cut open train cars to rescue some of the victims.

Metro contends that filing the “partial” motion to dismiss is standard and routine in a Washington DC wrongful death lawsuit. It says that it hopes that the case will be “resolved or tried as soon as possible.” The civil trial is tentatively scheduled for September 2011 but Metro wants it delayed until 2012.

Meantime, the National Transportation Safety Board plans to review its final report of its probe into the deadly DC train accident in July. NTSB also says it has made progress in its investigation into three other Metro train crashes.

In February, a Metro train’s front wheels derailed at the Farragut North Station. In January, two maintenance workers died when they were run over by a hi-rail truck that backed into them. In November, a train operator and two cleaning crew workers sustained minor injuries when a train struck a stopped train at a rail yard.

Grief, bitterness at ceremony marking year anniversary of D.C. Metro crash, Washington Post, June 23, 2010

Families: Metro wants suit dismissed, Washington Post, June 22, 2010

NTSB Plans July Meeting On Metro Train Crash Probe, My Fox, May 20, 2010

D.C. Metro Remembers Victims of Its Deadliest Crash, Infozine.com, June 23, 2010

Related Web Resources:

Washington DC Metro Train Accident Death Count Goes Up to 9 Fatalities, Washington DC Injury Lawyer Blog, June 24, 2009

Washington Metropolitan Area Transit Authorityy

National Transportation Safety Board

According to a new report, the local governments in Washington DC, Maryland, and Virginia are doing a good job in their efforts to crack down on distracted driving. The report from the Governors Highway Safety Association is called "Curbing Distracted Driving: 2010 Survey of State Safety Programs.”

The report notes that combating distracted driving has become a priority for many states, with many of them enacting tougher laws and coming up with more education programs and media campaigns to educate people about the dangers of driving while distracted. The District (along with Maryland and 42 other state) also now make it a point to collect distracted driving data when Washington DC motor vehicle crashes occur. Also, Washington DC now includes the issue of distracted driving in its driver education classes and driver’s license test, while using social networking sites to make known the dangers of cell phone talking and texting while driving.

The GHSA’s report, however, does note that more effort across the board needs to be made to get teenagers to become more aware that distracted driving is dangerous. Seeing as multi-tasking while driving is dangerous for even the most experienced drivers, it is important that teens, who have the least amount of experience when it comes to operating a motor vehicle, have their full attention on the task at hand so that they don't increase their chance of injury or death.

Distracted driving has fast become a leading cause of US car crashes—especially with the so many people using cell phones to talk and text while driving. According to AAA, distracted driving is a cause of about 3 million auto accidents each years.

Our Washington DC car accident lawyers know how devastating it is to lose someone you love in a motor vehicle crash that could have been prevented were it not for other parties’ negligence.

Region's Distracted Driving Crackdown Gets High Marks, WJLA, June 16, 2010

Curbing Distracted Driving: 2010 Survey of State Safety Programs, GHSA

Related Web Resources:
District Department of Transportation

AAA Exchange

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Lawyer Blog

Trucking Accident Lawyer Blog

Continue reading "Washington DC Stays Vigilant in Fight to Prevent Distracted Driving Accidents" »

The US Department of Transportation and the National Safety Council have created FocusDriven. This is the first national advocacy group focused on supporting distracted driving victims and raising awareness about the dangers this very bad driving habit presents to motorists and pedestrians. The group was developed as a result last year’s Distracted Driving Summit in Washington DC. On its Web site, FocusDriven states that its vision is to save lives and prevent injuries by eliminating the use of cell phones while driving.

For awhile, motorists and lawmakers thought that using a cell phone wasn’t too dangerous as long a driver kept both hands on the wheel and used an earpiece or Bluetooth device. While there are accident statistics that indicate a higher crash risk when a driver uses a handheld cellular phone, rather than a hands-free device, the mounting data which proves that talking on any type of cellular device while operating a motor vehicle is just plain dangerous can no longer be ignored. Like Mothers Against Drunk Driving (MADD), FocusDriven wants everyone to fully comprehend that there is no doubt whatsoever that talking on a phone while driving can injure and kill people.

Transportation Secretary Ray LaHood and the NSC chose to announce creation of the advocacy group on Tuesday, exactly one year after the NSC called for a nationwide ban on the use of cell phones while operating a motor vehicle. The US government also recently launched a federal Web site called Distraction.gov, which focuses on raising awareness about the dangers of distracted driving. LaHood says the Obama Administration is committed to “putting an end” to distracted driving.

Washington DC Car Accidents
In a busy city like Washington DC, it is not uncommon for motorists and pedestrians to multi-task while trying to manage busy careers, social calendars, and personal lives. Many people are wedded to their cell phones and PDAs, so it is not uncommon to make calls and send messages while commuting to and from work. Unfortunately, multi-tasking while operating a motor vehicle is a bad idea and can be considered negligent driving if someone is killed or hurt in a Washington DC motor vehicle collision as a result.

U.S. Transportation Secretary Ray LaHood and the National Safety Council Announce FocusDriven, January 12, 2010, (PDF)

Related Web Resources:
FocusDriven

Distraction.gov

National Safety Council

Continue reading "US Department on Transportation and National Safety Council Step Up Fight Against Distracted Driving with FocusDriven Advocacy Group" »

According to the 2009 Sleep in America poll by the National Sleep Foundation, about 1.9 Million Drivers are involved in drowsy driving car crashes or near miss accidents each year. Unfortunately, many people underestimate the power sleepiness can have in causing Washington DC car accidents.

Per the poll, 105 million US drivers have driven while sleepy in the last year. 54 million drivers drive while drowsy at least once a month.

National Sleep Foundation chairman Thomas Balkin says that while motorists are good at recognizing when they are tired, this doesn’t stop them from getting behind the wheel of a motor vehicle and driving. Balkin says that people mistakenly think that they can will themselves to stay awake but they often don’t even realize that they are falling asleep. Balkin notes that just one moment of “reduced awareness” can cause a motor vehicle crash.

Drowsy driving slows reflexes, reduces alertness, and impairs one’s ability to think clearly and rapidly respond to an emergency situation. A person who is sleepy or very tired while driving might inadvertently lane change, let go of the steering wheel, fail to notice traffic signs, not see other vehicles or pedestrians, drive off the road, or drive into oncoming traffic.

Drowsy driving can be grounds for a Washington DC injury claim or wrongful death lawsuit if another person is injured as a result.

In an attempt to decrease the number of drowsy driving accidents, the National Sleep Foundation has declared November 2 – 8 Drowsy Driving Prevention Week.

Ways to Avoid Drowsy Driving:

• Get a good night’s driving.
• Take periodic brakes (every 2 hours or every 100 miles).
• Don’t drink alcohol or take medications that cause drowsiness before driving.
• If necessary, stop and take a nap.
• Take caffeine if necessary.

.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, October 29, 2009

Drowsy Driving: Reduce Your Risk of Falling Asleep Behind the Wheel, Associated Content, June 27, 2006

Related Web Resources:
National Sleep Foundation

NHTSA

Continue reading "Stay Alert and Awake: Drowsy Driving Prevention Week Reminds Motorists to Prevent Washington DC Car Accidents Caused by Sleepiness and Fatigue " »

At the opening of the Distracted Driving Summit, US Transportation Secretary Ray LaHood said that texting while driving has become an “an endemic” and a “menace to society.” Over 300 people are taking part in the conference, including law enforcement officials, lawmakers, and safety experts.

According to the National Highway Traffic Safety Administration, 5,780 people died (16% of all deadly traffic collisions) and 515,000 people sustained injuries in distracted driving accidents last year. Many of these auto crashes are a result of people using cell phones and PDAs.

Distracted driving is reportedly a big problem among young drivers, especially those under age 21. Distracted driving was a factor in 16% of deadly crashes involving drivers in this age group.

Young motorists, however, aren’t the only ones who text and drive. CTIA-The Wireless Association reports that while 10 billion text messages a month were sent in December 2005, more than 110 billion texts were transmitted in December 2008.

Texting while driving is now illegal in Washington DC and 18 US states. Seven states have made it illegal to talk on a handheld cell phone while driving. Safety groups are calling on a nationwide ban making it illegal for drivers to text and have cell phone conversations. Meantime, Advocates for Highway and Auto Safety wants the government to restrict the texting and cell phone talk of the operators of tractor-trailers, large vans, and motor coaches, while the Alliance for Automobile Manufacturers (members include Ford, General Motors, and Toyota) support a ban on handheld phones and texting while driving.

Too many catastrophic car accidents are happening because drivers were distracted. Texting usually requires the use of both hands and eyes. This means that the texting driver will spend at least a few seconds not holding the steering wheel, not watching the road, and not paying attention. These few seconds can end someone’s life.

Bus accidents, train accidents, truck accidents, and car accidents have happened because motorists were distracted. Our Washington DC injury lawyers are cognizant of how distracted driving can destroy lives and we are here to help.

Distracted Driving Summit Emphasizing Danger of Texting Opens Today in Washington DC, ABC News, September 29, 2009

Govt: Nearly 6,000 deaths from driver distraction, AP, September 29, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

Distracted Driving, National Safety Council

CTIA-The Wireless Association

The family of Cameron Williams, one of the nine people killed in the June 22 Red Line train accident that is being called the worst wreck in the Metro’s history, has filed a Washington DC wrongful death lawsuit for $25 million. Their DC train crash complaint is accusing Metro of negligence and of failing to take the reasonable precautions to prevent the crash from happening.

Williams’s family is also suing Alstom Signaling Company, which is responsible for the circuit that failed to slow or stop the train so that the deadly collision wouldn’t happen. Depending on the National Transportation Safety Board’s findings once it concludes its crash probe, other defendants may be added to the DC train accident lawsuit.

The deadly collision occurred during rush hour close to the Fort Totten stop when one train crashed on top of another train. At least seventy people were transported to local hospitals.

Earlier this month, the Washington Post reported that records indicate that the safety system that is supposed to help subway trains avoid becoming involved in collisions had malfunctioned just months before the June accident. On March 2, a train operator activated the emergency brakes to avoid colliding with another train after there was a problem with the Automatic Train Protection system. A failed component system on the train was identified as the issue. The NTSB is investigating the track circuit as part of its efforts to find out what caused the deadly June train accident.

Possible Causes of Washington DC Train Accidents:

• Operator negligence
• Mechanical failure
• Inadequate maintenance
• Conductor error
• Inadequate training
• Collision with another train, a motor vehicle, or a pedestrian
• Obstructions at rail crossings that prevent the operator from seeing
• Defective railroad crossing warning systems
• Defective train parts

Metro Crash Victim's Family Files Suit, My Fox DC, August 25, 2009

Records: DC Metro safety system failed before, AP/Google, August 9, 2009

Washington, DC Metro Crash: 9 Confirmed Dead, Worst Metro Crash Ever, Air America, June 22, 2009

Related Web Resources:
DC Metro

National Transportation Safety Board

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

Continue reading "Washington DC Metro Train Accident Death Count Goes Up to 9 Fatalities" »