Liability of Metrolink in Railroad Accidents

By: Ivonne Jade Agustin
Submitted: 2010-01-29 13:23:46
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Train companies along with airlines and bus companies are considered as common carriers and so they will be more liable for the accidents that they will cause. This is because as public utility vehicles, they have a greater amount of passengers with whom they have contractual obligations.

Metrolink is a state train that runs and operates in California. Through the years, Metrolink have been involved with accidents that have taken countless lives. Some of these accidents are caused by the train’s personnel while others are caused by outside parties such as motorists and pedestrians.

Here are other causes of railroad accidents:

•    Human error (train personnel)
•    Mechanical failure
•    Defective railings
•    Motorists’ / pedestrians’ negligence

A recent Metrolink crash settlement involved some $30 million worth of settlement given to the victims of the accident. Though the company is not the sole liable party in the accident, they decided to pay as people questioned the “push-pull” mechanism of each train which likely contributed to the extent of the damages.

Another accident involved the illegal texting of the engineer while operating the train. Many passengers died and a number of them incurred permanent disabilities because of their injuries.

Liability Coverage

Unlike in any other collision, responsible parties in railroad accidents usually pay punitive damages which will serve as a lesson so as not to be negligent again. Aside from this, they are also obliged to pay compensatory damages to the victims of the accident.

Compensatory damages usually include:

•    Medical expenses. This includes all expenses paid for the past and future treatment of the injury incurred in the accident. Most of these impairments would require life-long treatment which will also be shouldered by the party responsible for the accident.

•    Lost wages. For those who cannot work, they can ask for replacement of their salary for the days they weren’t able to report for work because of their condition. If their condition is deemed to be permanent, their salary would have to be compensated by the liable party.

•    Property damages. For those whose vehicles have been hit or ran over by trains, they can ask compensation for the repairs or replacement of their property.

•    Pain and suffering. This corresponds to the trauma and the physical and emotional hardships encountered by the victim because of the accident.

These damages are usually paid to the victim or to his family in order to somehow alleviate their suffering and financial burden imposed by the injury. It is important to consult with a personal injury lawyer regarding the coverage of your claims as coverage in each case may vary.

Types of Accidents

There are different types of accidents that train companies may be held responsible for. Here are some of them:

•    Train and vehicle collision

•    Derailment

•    Train and another train collision

•    Collision with a pedestrian

•    Fire and explosion

Train companies must never underestimate their duty to provide care to their passengers and other motorists as well. This would also ensure them that they could not be held liable for accidents that can be pricey.

To help you deal with issues involved in Metrolink railroad accidents, consult with our experienced personal injury lawyers. Log on to our website and avail of our free case analysis.

Article source: Expert Articles

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