Maryland Accident Law Blog

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" »

This week, the Maryland Senate approved by a 43 to 4 vote a bill banning drivers from text messaging whenever they are operating their motor vehicles. If the bill becomes law, it would make reading, composing, sending, or receiving text messages a misdemeanor crime punishable by a $500 fine. Maryland would also join a growing list of states and jurisdictions, including Virginia and Washington DC, that are banning text messaging—whether on a cell phone, PDA, or IPod Touch or another device—while operating a motor vehicle.

Sending short messages via cell phone or other electronic devices is a bad habit that has grown more popular in recent years—especially among younger, more inexperienced drivers. According to the AAA Foundation for Traffic Safety, one of its studies last year found that about 50% of young drivers, ages 18 – 24, text message while driving. The study found that among drivers ages 45 and older, less than 5% engaged in text messaging while operating a motor vehicle.

Text messaging is a type of distracted driving, and like all other forms of distracted driving, including talking on a handheld cellular phone, applying making, or reading the newspaper, can lead to deadly auto accidents. ABC News says that a 2006 study showed that 65% of near-motor vehicle collisions and 80% of auto crashes occur because of distracted driving.

For example, one Maryland child lost her right forearm in a catastrophic bus accident that occurred while the bus driver was texting on his cell phone. 30 people were injured in this Maryland motor vehicle accident. In another traffic accident, a 26-year-old woman died last year in a truck accident when she was struck by a tractor-trailer while the truck driver had been texting.

These kinds of catastrophic motor vehicle collisions could have been avoided if the drivers had not been engaged in distracted driving.

Md. Is Latest State to Target Text Messaging by Drivers, Washington Post, March 18, 2009

Texting While Driving Could Spell Trouble, ABC News, May 8, 2007

Driving and Dialing Bus Drivers May Case Accidents, ABC News, Feb 7, 2007

Related Web Resources:
Examination of Maryland Senate Bill 98 (PDF)

Cell Phone Driving Laws, Governors Highway Safety Association

Continue reading "Maryland Senate Votes for Text Messaging While Driving Ban" »

An 11-month girl was injured after she was struck by a van that collided with an MTA light rail train on Thursday in Downtown Baltimore, Maryland. She was taken to Johns Hopkins Hospital’s pediatric center.

The driver of the van was a U.S. Naval Academy midshipman. He also was taken to a local hospital but did not sustain any serious injuries. Several light rail passengers are reporting injuries from the accident.

The motor vehicle collision occurred early in the morning. The van reportedly ran a red light and was struck by the MTA light rail train. The force of the collision caused the van to spin onto the sidewalk and strike the stroller with the toddler in it.

If you believe that someone you love was seriously injured in a motor vehicle accident, you should contact our Maryland personal injury law firm right away. Our motor vehicle accident attorneys also handle cases involving injuries to minors.

Running a Red Light
Running a red light is a commonly occurring traffic violation that can lead to serious injuries for other drivers and pedestrians and cause serious property damage to motor vehicles involved in any related collisions.

According to the NHTSA, there were over 3,500 traffic accidents in Maryland involving red light violations in 1995—resulting in 34 fatalities and 4,256 injuries. Maryland is one of a handful of U.S. states that use red-light cameras in a few areas—including Montgomery and Prince George’s counties—in an effort to prevent people from running red lights.

Types of Accidents from Running a Red Light, include:
• Colliding with cars coming from the left or ride side of the driver’s path that now have green light authorization to move forward.
• Striking a pedestrian.

Rail commute delayed, several injured in downtown collision, Baltimore Sun, March 20, 2008

Red Light Violations in Maryland, NHTSA

Related Web Resources:

D.C. Red-Light Cameras Fail to Reduce Accidents, Washington Post, October 4, 2005

Red Light Running, Insurance Institute for Highway Safety

Continue reading "1 Toddler and Several Others Injured When MTA Train and Van Collide in Baltimore, Maryland" »

The National Transportation Safety Board is calling for the Washington Metropolitan Area Transit Authority to implement proper safeguards to protect workers on train tracks.

Among its recommendations, the safety board suggested that Metro implement pre-work briefings, conduct surprise inspections, and immediately install new technology that automatically warns track employees when trains are approaching and lets train operators know that there are workers in the area.

The safety board’s assessment follows two deadly train accidents that claimed the lives of three train track workers. In two separate incidents in 2006, three Metro employees died after being hit by Metrorail trains. During both accidents, the Operations Control Center only announced one time to train operators that workers were on the tracks.

One of the fatal accidents involved Jong Won Lee, a senior mechanic, who died after he was hit by a Red Line train in May 2006. In the other accident, on November 30, 2006, train operator Lynne Harris did not ask for permission to leave her last stop, failed to slow down, and may have been using her cell phone while operating the train. Track inspectors did not properly watch out for the train. Track workers Leslie Cherry and Matthew Brooks died from their injuries.

It wasn’t until after the November 2006 accident that Metro mandated that announcements be made every 20 minutes to informi train operators that workers were on the tracks.

Metro believes that implementing protection policies and making sure that they are followed will create a strong safety culture for train workers. Between 2001 and 2006, about 1.5 train worker fatalities have occurred involving Metro trains.

If someone you is a train employee who was injured while working on the train tracks, you should speak with a Maryland or Washington D.C. personal injury lawyer who is experienced in dealing with train accident injuries and is familiar with FELA, the Federal Employees Liability Act, which allows train workers to seek injury compensation.

Being struck by a train is often fatal. And the injuries that can be sustained if the injury victim survives can be catastrophic. Traumatic brain injuries, spinal cord injuries, neck and back injuries, massive internal injuries, and broken bones can result.

Safety Procedures Not Followed, NTSB Says, Washington Post, January 24, 2008

NTSB: Metro’s culture deadly, Examiner.com, January 24, 2008

Related Web Resources:

Washington Metropolitan Area Transit Authority

National Transportation Safety Board

Continue reading "NTSB Calls for Better Injury Accident Prevention Measures to Protect Metro Train Workers" »

The National Transportation Safety Board (NTSB) released a report that says that the accident that killed two track inspectors involved operator error. The report says that Lynette Harris, the driver of the Yellow Line train that killed two people on November 30, 2006, did not follow proper operating procedures and lied to federal investigators when she told them that she was not on her cellular phone while on duty.

The report says that both the workers and the operator did not follow proper protocol. However, the report also says that there aren’t enough proper procedures set up to make sure that track workers and train drivers communicate properly with one another.

Harris, who had departed from the Huntington Avenue Station in Alexandria, Virginia, violated Metro procedure by not asking the control center for permission to drive on the main tracks. She also lied to investigators when she said she was not using her personal cellphone while operating the train. Her phone records, however, indicate that she was on the phone right before the 9:30 am accident took place. Metro employees are not allowed to use their personal cellphones while working.

The two track workers, Matthew Brooks and Leslie A. Cherry, were hit by the empty train on the morning of November 30. Cherry died the day of the accident. Brooks died on November 7.

Train Accidents and FELA
The Federal Employers’ Liability Act of 1907 (FELA) provides coverage to train workers who are injured on the job. Unlike regular workers’ compensation, the injured party must prove that the accident was caused—at least partially—by a party affiliated with the train system or railroad company.

Proving negligence can be hard, which is why it is important to have a train accident attorney, who understand FELA and other railroad-related regulations, on your side. If you are a surviving family member of a train worker who was killed while on the job, your train crash lawyer may be able to help you obtain compensation by pursuing a FELA lawsuit on your behalf.

The statute of limitations for filing a FELA claim/lawsuit is three years from the date that the accident took place.

Errors Are Found In Metro Accident, Washington Post, October 26, 2007

Related Web Resources:

Train's Operator Faulted in Fatal Metro Accident, Washington Post, January 4, 2007

FELA Quick Facts, FELA Help

Continue reading "NTSB Report Claims 2006 Metro Accident that Killed Two Track Workers Involved Metro Operator Error" »