Railroad and Trolley Accidents

The Los Angeles area railway system‚ Metrolink‚ has agreed to offer the maximum amount under law to the victims of the 2008 railroad accident which injured 135 people and left another 25 dead after its’ operator was busy texting while driving and crashed the train.  Unfortunately‚ under federal law‚ Metrolink–like other railroad companies–cannot be held liable for personal injury damages in excess of $200 million.  Although this amount is not an insignificant amount of compensation to those injured and the family of those killed‚ it is inadequate in this case given the severity of injuries and the number of people affected.

Damage caps always seem like a good idea when they are enacted.  They are intended to keep the cost of negligent acts down and protect society from high verdicts and settlements.  However‚ the amount‚ no matter how high‚ is always arbitrary and selective and is not a "one size fits all solution."  There is always a case–as it is here–where the amount is unfair.

The plaintiffs’ attorneys representing the families of the victims are extremely upset with the offer.  Both Metrolink and Connex/Veolia‚ who makes the train itself‚ are multi-billion dollar companies.  Yet‚ both have been afforded nearly 2 years to reach a settlement that allows for the additional protection provided by the federal damage cap.

The plaintiffs’ attorneys place the value of all the claims between $400-600 million.  In other words‚ due to the damage cap protection‚ the victims of this accident must be forced to accept a 50-66% discount in the compensation to which they are otherwise entitled.

The settlement requires court approval.  However‚ if it is approved‚ the plaintiffs will be forced to release all their claims against Metrolink‚ Connex/Veolia‚ and the various contractors and subcontractors involved in this accident.

Ross Jurewitz is a Los Angeles personal injury attorney and the managing lawyer of the Jurewitz Law Group‚ a California law firm dedicated to representing families of people killed in a wrongful death accident.  If you or a loved one has been killed or injured in a railroad accident in California‚ please order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.

A 56-year old man from Visalia lost his life in a fatal Los Angeles railroad accident that took place on March 20‚ 2010 in El Monte.

The deceased‚ Roberto Ramirez‚ was a Union Pacific railroad worker from Visalia and had been working on the railway tracks and had returned to his work truck when he was hit by a commuter train. Due to the impact‚ his truck moved 330 yards from the scene of the impact. Ramirez died on the spot. Three passengers suffered from minor injuries.

Our office wishes to convey our condolences and prayers to Ramirez’s friends and family. We can understand it must be a very difficult time for them. Understandably‚ the accident was not Ramirez’s fault. Usually when a railroad worker is working on the tracks‚ the communications with the train operators will let them know where such work is taking place.  Did this happen here?  If so‚ then why did the operator and/or his lookout not see the truck prior to the collision?  A thorough investigation must be conducted.

Ross Jurewitz is a Los Angeles railroad accident lawyer and the managing attorney of the Jurewitz Law Group‚ a California law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others.  If you or a loved one has been hurt or killed in an injury accident in California‚ please order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.