ATTEND THE METRO SYSTEM CRASH
TOWN HALL MEETING
Washington, D.C.
The Metro System Crash
On June 22, 2009, nine people were killed and approximately eighty people were injured in the deadliest crash in the thirty-three year history of the Metro Transit system. The crash occurred between Fort Totten and Takoma Park Stations on the Red Line in Washington, D.C. The Metro System is owned and operated by the Washington Metropolitan Area Transit Authority (WMATA).
Black Lawyers for Justice intends to hold The Metro System accountable for this deadly crash. Our team of lawyers has litigated personal injury cases and welcomes you to a July 9, 2009 Town Hall Meeting to address your legal questions and concerns, as well as raise some very important questions:- Why were the 1000 Series Metrocars (purchased between 1974 and 1978), which were amongst the oldest in the Metro system, being used to transport passengers on that fateful day?
- Why does it appear that older trains are utilized in the areas with the highest concentrations of African Americans?
- Has the Metro System mismanaged funds that should have been utilized to replace the faulty, outdated Metrocars involved in the accident?
- Why does there appear to be a lack of apathy on the part of The Metro System with regard to the negligence, loss of life and suffering as a result of the train accident?
- Is the level of service offered by The Metro System police comparable to that in the white communities?
- Do you feel that you are receiving the services for the prices you are paying to use The Metro System?
Preliminary reports indicate that the lead car of the moving train "telescoped" when it struck the stationary train, and that the stationary train acted as a wedge.
Telescoping is caused when an object slides inward or outward in overlapping sections which, in this case, compressed the striking trains’ under frame to about 1/3 of its size. Telescoping was a factor in a 1996 deadly Metrorail crash, and more recent, a 2004 Woodley Park accident.
In previous Metro System rail car train accidents; the NTSB concluded that the 1000 series Metrocars “may be more susceptible to telescoping.” The NTSB is investigating this horrendous loss of life and will prepare a report relating to the official cause of the crash.
Preliminary reports also indicate that the trains involved were two months overdue for their scheduled maintenance for certain braking components. Reports reveal that the crash was the result of operator negligence, computer failure and failure of Metro's automated system. At the time of the crash, the train was in automatic mode.
It is unconscionable to think that WMATA left its trains in service after federal regulators previously advised them that their trains were too old and should be taken out of service, but that’s exactly what happened. Old cars were still retained to transport commuting passengers daily.
Given the gross negligence that has come to light, it appears that those injured may be entitled to punitive damages. Punitive damages are accessible under D.C. law when the injured party (Plaintiff) proves by convincing and clear evidence, that Metro and/or WMATA officials acted with deliberate violence, actual malice or evil motive, with the intent to injure or show willful disregard of the injured person's rights; and that the conduct was grossly fraudulent, outrageous, or reckless towards the safety of the Plaintiff.
The Plaintiff will need to establish that the directors, officers, and managing agents of Metro and/or WMATA participated in the act, or approved or ratified the wrongful conduct before it occurred.
Since WMATA is legally classified as a "common carrier," the law imposes an obligation on them to use ordinary care in carrying its passengers. The legal theories that most likely will be pursued against WMATA may include negligence, product liability, strict liability and of course, punitive damages.
Based on our experience in handling wrongful death cases against negligent companies, we look forward to aggressively pursuing cases on behalf of the victims of The Metro System/WMATA's negligence.
If you or your loved one were injured or killed in this terrible crash, contact Black Lawyers for Justice at 202-772-3118 so that we may fight to protect your rights.
Black Lawyers for Justice extends their deepest condolences to the families of The Metro System Train Crash
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