Articles Posted in Injury Cases

Metrolink has now installed Positive Train Control Technology on its first train, and the company expects to have all of its trains and tracks covered by the safety technology by the end of the year. We first posted about Positive Train Control in this post and we told you more about it here and here.

There are two remarkable points about the Metrolink roll-out of the Positive Train Control Technology. The first is the price. Metrolink has estimated the cost will total $216 million. While at first blush that is a lot of money, let’s put it in perspective. In 2008, a Metrolink engineer who was busy texting instead of doing his job, ran a red light, and crashed into a freight train. 25 innocent people were killed and the members of their family were devastated. In addition, more than 100 other victims were injured in that completely preventable accident.  Late last year, a New York commuter train was speeding as it entered a sharp curve causing it to derail and kill 4, critically injure 11 and injure another 46 passengers.  If Positive Train Control prevents just one such crash, it would be worth it. Indeed, since human error accounts for roughly 40 percent of all train accidents, Positive Train Control will ultimately be a bargain.

The second remarkable point is the date by which Metrolink expects to complete implementation of the safety system. Metrolink projects it will be done by the end of 2014. Congress has passed legislation which requires railroad companies to implement the technology by 2015. A significant number of railroad companies have balked at the deadline claiming it was not possible.   In fact, there have been discussions about extending the deadline to allow train companies to have more time to achieve compliance with the law.   Since it looks like Metrolink will finish installing the technology a year before the deadline, it seems the feet-draggers just need to shut up and get busy.

Surprisingly, falls have now overtaken car accidents as the number one cause of spinal cord injuries.  And, the average age for a spinal cord injury victim has risen by a decade to age 51.  Most researchers believe there is a combination of factors at play in these new findings: (1) older Americans are more active than ever; (2) better safety protection in the form of seat belts and airbags; and (3) the increased age of the general population.  

While the most common cause and the average age for a spinal cord injury have changed, one thing remains constant: spinal cord injuries exact a devastating toll on the victim and the entire familiy.  And the burdens are not just the obvious physical limitations but also financial and emotional costs.  From 2007 to 2009, just a two year period, the cost of emergency room charges for spinal cord injuries in the U.S. totaled $1.6 billion.   And emergency room costs for victims and their families is just the beginning. Spinal cord injury victims require a lifetime of care and the cost of that care can range from $1million to $5 million, according to The National Spinal Cord Injury Statistical Center. 

Emotionally, the change in lifestyle and limitations can understandably lead to depression and anger for the victim and family members.  Economic difficulties associated with the tremendous medical care and the loss of a wage earner for the family can cause anxiety and fear.  

We have already written a couple of posts about Positive Train Control, which the CEO of Metrolink described as “perhaps the most important safety innovation in our lifetime”.  (The first article explained how Positive Train Control can prevent several types of deadly train accidents and the delays in implementing it.  The second article discussed whether Positive Train Control could have prevented the recent New York commuter train derailment which killed 4 people and injured dozens more.)  If you did not read those articles, here is the deal in a nutshell: Following a 2008 Metrolink train crash in California, legislation was passed to require Positive Train Control and the implementation deadline was 2015.  But with that date looming, most railroad companies are claiming they can’t meet the deadline. 

Now, here is the latest.  Following that same 2008 train crash, the National Transportation Safety Board began pushing the Railroad Administration to install cameras in train cabs to record drivers.  The thought being this would deter dangerous behavior like texting while operating the train, sleeping, etc.  Additional cameras would face outward to record the tracks for hazards.  And, in the event of a crash, both sets of cameras would help investigators determine the cause of the accident.  But to date, the Railroad Administration has not even proposed a rule (the first step in the process) to make the installation of these cameras mandatory. 

Following the New York commuter train accident in December, two United States senators have publicly called out the Railroad Administration for its delay in implementing the rule.  And now, finally, the Railroad Administration says they will move on the rule sometime later this year. 

Last Sunday morning a New York commuter train bound for Manhattan’s Grand Central Station derailed on a sharp curve killing 4 innocent people, critically injuring 11 people and injuring another 46 passengers. While the NTSB is still investigating the accident, early information indicates the train was traveling 82 mph on a curve with a maximum speed limit of 30 mph.

While this investigation continues, it appears this tragedy could have been prevented by Positive Train Control. Positive Train Control can slow or stop a train before certain accidents occur. One type of accident that Positive Train Control is designed to prevent is speed-related derailments. Other types of accidents that can be prevented by Positive Train Control are switching errors, collisions, and track route errors.

We first told you about Positive Train Control in this post and on the Law Offices of John Day, P.C. website.   Federal law requires railroad companies to implement Positive Train Control by 2015, but a push is on to extend that date to 2018 or later. To stop these preventable types of accidents, we hope Congress will refuse to grant an extension for this important safety technology that can save lives.

The good news: technology exists which will prevent a large number of serious train crashes. The bad news: implementation of this technology will likely be delayed causing commuter train passengers and others to remain at risk. Below is the background of this important issue.

In September of 2008, a Metrolink commuter train filled with passengers collided with a freight train killing 25 innocent people and injuring more than 100 others. In response to this tragedy, Congress passed the Rail Safety Improvement Act of 2008 which mandated implementation of Positive Train Control for all commuter rail lines and for freight lines hauling hazardous materials. 

So what is Positive Train Control? It is technology which can stop or slow a train before certain types of accidents occur. For example, derailments caused by excessive speed, train-to-train collisions, unauthorized incursions and switching errors can all be prevented by Positive Train Control. Without question, Positive Train Control would have prevented the 2008 Metrolink accident.