Questions Remain About Cause of Devastating and Deadly Train Crash in New York

     New information regarding the Metra train derailment on Sunday, December 1, 2013 has come to light. According to investigators, the train was traveling at least 82 mph as it approached a curve near the Spuyten Duyvil bridge where the train derailed at approximately 7:22 a.m. The speed limit at the curve was only 30 mph. According to the investigators, the engineer, a 20-year-veteran, had the brakes fully applied for only 5 seconds prior to the derailment.

     According to  the National Transportation Safety Board member, Earl Weener, the throttle of the train was fully engaged only 6 seconds prior to the derailment.  In Weener's opinion, the brakes should have been fully applied earlier. 

     However, investigators have stated that it is unclear at this time whether human error or defective equipment was to blame for the crash. The investigation has yet to uncover whether the brakes failed or whether the engineer simply failed to slow the train down in time. In a statement made shortly after the incident, the train's engineer stated that he attempted to brake before the train hit the curve, but the brakes were not working properly. According to Senator Charles Schumer, D-N.Y., it is too early at this time to make any conclusions about the train's excessive speed at the moment of derailment. 

    Investigators are also looking into whether additional safety measures, which are available to the New York commuter train system, would have helped to prevent this tragic accident. As of approximately 11:30 pm CT on Monday, December 2, 2013, at least 19 injured people remained hospitalized after the derailment.

Information contained within this article can be found here and here. 

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

Eckert & Smestad Represents Injured Party in the Bartlett Metra/Semi Collision and Derailment of Oct. 21, 2013

     Late in the afternoon on Monday, October 21, 2013, a Metra communter train, Train Number 2242, was struck by a semi-truck carrying a load of cars as the train crossed the intersection near Western and Bartlett Roads in Bartlett, Illinois.  The collision derailed the train, and threw debris, including cars, a great distance from the point of impact. Witnesses stated that they heard a loud crash sound, followed by the sight of debris flying in the air near the intersection.

     Fortunately the truck driver was able to clear the cab of his truck from the tracks before the impact, and no fatalities were reported as of the present date. However, several injuries were reported by commuters riding on the train at the time of impact. A collision between two such large, heavy vehicles, such as a train and a semi-truck, is highly likely to result in injuries. For more details on the story, see article here.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

What can you do if you're involved in an accident on a bus, a train, or other mass transit?

     In light of the news coming out of Chicago this morning, in which two of the Chicago Transit Authority's "el" trains collided, many questions may be raised relating to what you should do if you are ever involved in a similar situation. (see 33 Injured after 2 CTA trains crash)

     If you, or a loved one, is ever involved in such an incident, the first thing is to make sure you and/or your loved one is ok. Check for any injuries or pain, and if any injuries or pain are present, make sure to call an ambulance or seek immediate medical attention.

    Second, you should know your rights after being involved in such an incident. If you are injured in a collision on a bus, train, or any other mass transit system, you have the right to recover financial compensation for your injuries, the pain and suffering related to your injuries, any disfigurement and disabilities related to these injuries, and for the impact these injuries can have on your life. However, it is your job to assert your rights; no one will do it for you without action on your part.

    Mass transit operators, such as the Chicago Transit Authority, owe a duty to all their passengers to operate their vehicles and manage their systems in a reasonable manner for the safety of its passengers and other foreseeable parties who may be injured. It is always advisable to seek out the advise of an attorney experienced in these types of cases as soon as possible. Remember, there are laws that limit the amount of time you have to file a claim, and with mass transit systems owned or operated by government entities, that time limit may be shorter than you think.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.