The rail disaster that occurred on September 12, 2009, was the nation's deadliest in 15 years. This train wreck killed 25 people and left such a mass of smoldering, twisted metal that it took nearly a day to recover all the bodies. (LA Times) Countless lives may never be the same.

According to the recently released hospital report these are the latest figures on those injured in the Sept. 12 crash of a Metrolink commuter train and a freight train in Chatsworth:

• 86 Metrolink riders were hospitalized after the crash
• 18 were still hospitalized Tuesday
• 4 were in critical condition
• 1 was in serious condition
• 2 were in stable condition
• 11 were in fair or good condition

Source: Times research Metrolink officials reported that a train engineer's failure to heed a red light signal apparently caused the catastrophic head-on crash.

A Metrolink spokeswoman took the unusual step of saying the agency was responsible for the crash because the engineer ran a red light and did not stop to let the freight train pass reported that train recordings were missing "Verbal Safety Checks."

Currently in the News:

Metrolink moves to implement collision prevention technology The Metrolink Board of Directors authorized completion of a contract for a system intended to prevent collisions..(more...)

Metrolink offers $200-million settlement in Chatsworth rail disaster Setting the stage for one of the costliest rail accident settlements in the nation's history. more... in the LA Times

Although the information presented in the news is important, the attorneys at Cheong, Denove, Rowell, & Bennett leave no stone left unturned. All responsible parties will be identified, and all legal theories of recovery will be aggressively pursued.

Higher Standard of Care

Under Negligence Law, a defendant must use reasonable care to prevent harm to others. When the defendant is a common carrier, such as the Metrolink, the law requires them to use the highest care and the vigilance of a very cautious person. In fact, the common carrier must do all that human care, vigilance, and foresight can do under the circumstances to avoid harm to passengers or property. (CACI 902.)

(CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong, Denove, Rowell, Bennett & Karns has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.)

Not only must the common carrier use the highest care in transporting passengers and property, but it must use the highest care in constructing, servicing, inspecting and maintaining their vehicles and equipment for transporting passengers or property. CACI 903
The common carrier has the duty to exercise the highest care to its passengers and property. If the common carrier injures a non-passenger or property that it was not transporting, the duty owed is that of ordinary care.

Conclusion

Buses, trains and planes are responsible for a greater number of serious injuries compared to other forms of accidents. Due to the seriousness of the injuries, the clients must often go to trial to recover just compensation. Cheong, Denove, Rowell, Bennett & Karns has the resources and experience to handle the most complex legal matters, yet is small enough to offer individualized service to our clients. The Metrolink tragedy could have been avoided. The attorneys at Cheong, Denove, Rowell, Bennett & Karns aim to prove it.