Victims of Calif. train derailment settle for $30M
LOS ANGELES — A commuter rail agency agreed to pay about $30 million to settle most of the lawsuits from a derailment that killed 11 people and injured another 180 after a driver trying to commit suicide parked his gas-drenched SUV on the tracks, attorneys said Wednesday.
Jerome Ringler, lead attorney for the plaintiffs, said Metrolink agreed to settle nearly 90 percent of the cases, including nine wrongful death claims and 15 serious injury cases.
He declined to characterize the cases still under negotiation because he didn’t want to affect the settlements. Both sides are trying to resolve the remaining cases ahead of trial set for Jan. 4, he said.
“Metrolink is working diligently to reach a fair and reasonable resolution of each of the few remaining cases,” agency spokesman Francisco Oaxaca said.
The Jan. 26, 2005, disaster in suburban Glendale was triggered when Juan Alvarez parked a Jeep Cherokee on the tracks.
A fast-moving Metrolink train struck the SUV, derailed and struck a parked Union Pacific locomotive before colliding with another Metrolink train traveling in the other direction.
Alvarez was convicted last year of murder for causing the crash and sentenced to 11 consecutive life terms. He admitted driving onto the tracks in an attempt to commit suicide but said he changed his mind at the last minute and couldn’t get the SUV off the tracks.
He jumped out of the way before impact.
“We believe the Glendale settlements have been fair and reasonable given that Juan Alvarez … has been subsequently convicted,” Ringler said.
If the civil trial proceeds, Ringler and his co-counsel, Brian Panish, plan to argue the wreck could have been prevented if the engineer had hit the emergency brake. They said data from the train showed the engineer applied the service brake for six seconds, instead of immediately hitting the emergency brake.
In a deposition, the engineer said he applied the emergency brake as soon as he realized the SUV was parked across the tracks.
“With the current momentum to resolve the remaining cases, we believe settlement of all cases is a high probability,” Panish said in a statement.
The early morning derailment created a horrific scene of mangled rail cars. Workers from nearby businesses scrambled to rescue the injured before firefighters reached the scene.
In one halting image, a passenger trapped beneath metal debris wrote his farewell to his wife and children in blood. The man survived.
It was the deadliest rail disaster in California history until last year, when a Metrolink train collided with a freight train in suburban Chatsworth, killing 25 people. A federal investigation revealed a number of safety violations, including a text message sent by the commuter train’s engineer seconds before the collision.
The Metrolink system is operated by the Southern California Regional Rail Authority, comprised of five county transportation agencies.
Related News
Slow-speed commuter train accident in Boston leaves at least 15 with minor injuriesSeptember 15th, 2009 Commuter train accident leaves 15 hurt in BostonBOSTON — A commuter train has collided with a bumper at the end of a track in Boston, leaving 15 riders with minor injuries. Fire department spokesman Steve MacDonald said 15 to 20 people were being treated for minor injuries Tuesday.
California firefighter pulls driver from stalled truck seconds before commuter train hitsAugust 27th, 2009 Calif. firefighter saves driver before train hitsOXNARD, Calif. — A California firefighter has pulled a trapped driver from his disabled pickup just seconds before a commuter train slammed into the truck.
Crash victims improve, union says San Francisco train operator blacked out just before crashJuly 21st, 2009 Union: San Francisco train operator blacked outSAN FRANCISCO — The four most seriously injured victims in a weekend light-rail crash were improving Monday, as a union official said the operator of the train had blacked out just before the collision with a parked train. Two of the victims were in good condition, one was fair and the fourth had been transferred to another hospital for non-medical reasons, said Rachael Kagan, spokeswoman for San Francisco General Hospital.
Crash victims improve, union says SF train operator blacked out before crashJuly 21st, 2009 Victims improve as union says operator blacked outSAN FRANCISCO — The four most seriously injured victims in a weekend light-rail crash were improving Monday, as a union official said the operator of the train had blacked out just before the collision with a parked train. Two of the victims were in good condition, one was fair and the fourth had been transferred to another hospital for non-medical reasons, said Rachael Kagan, spokeswoman for San Francisco General Hospital.
2 women injured in Boston trolley crash sue driver, transit agency; driver accused of textingJuly 21st, 2009 2 injured women sue over Boston trolley crashBOSTON — Two women injured when a Boston subway train struck the rear of another trolley have sued the transit agency and the train operator. A lawyer for Rebecca Bishop says the Lynn woman fractured her pelvis in the May 8 crash.
Union: SF train operator blacked out before crash, drivers pressured to speed up trainsJuly 20th, 2009 Union: SF train operator blacked out before crashSAN FRANCISCO — A light-rail operator blacked out just before his train crashed into a parked train, injuring dozens of passengers, the president of San Francisco's transit workers union said Monday. Union president Irwin Lum told The Associated Press a "medical condition" was to blame for the driver's loss of consciousness.
Investigators question why San Francisco train operator turned off autopilot before crashJuly 20th, 2009 Rail operator's actions questioned in Calif. crashSAN FRANCISCO — Federal investigators are trying to find out why the operator of a San Francisco light-rail that crashed into a parked train and injured dozens of passengers had turned off the automatic controls moments before the collision.
DC-area transit official who oversees automatic train control system temporarily reassignedJune 26th, 2009 Control system chief reassigned following DC crashWASHINGTON — The train operator killed this week in a Washington commuter rail crash was a hero who saved lives, the Metro transit agency's general manager said Friday. John Catoe told relatives, friends and colleagues who gathered at a Washington church that 42-year-old Jeanice McMillan was not just doing her job when she was operating the train.
DC Metro train reopens stations for rush hours near site of crash that killed 9June 25th, 2009 DC Metro red line stations open after crashWASHINGTON — Metro is reopening all the stations along its red line during the morning and evening rush hours after a crash earlier this week killed nine people. The crash occurred on the red line between the Fort Totten and Takoma stations.
Obama offers prayers for victims of commuter crash, thanks to first respondersJune 23rd, 2009 Obama offers prayers for victims of commuter crashWASHINGTON — President Barack Obama says the thoughts and prayers of the first family go out to the victims of the commuter train crash in Washington, D.C., that killed six people and injured scores of others. Obama issued a statement Monday night thanking rescue personnel who helped to save lives.
Recent commuter train accidents in the USJune 23rd, 2009 Recent commuter train accidents in the USRecent commuter train accidents in the United States:
—June 4, 2009: A light rail train and a city bus collide in downtown Phoenix, slightly injuring several passengers. —May 8, 2009: A trolley rear-ends another trolley that is stopped between two underground stations in downtown Boston, injuring about 50 people.
5 DC metro crash victims identified; 4 were passengers, 1 was train operatorJune 23rd, 2009 5 of those killed in DC metro crash identifiedWASHINGTON — Officials are identifying five of the victims killed in a subway train crash in Washington, D.C. Metro officials said at a special board meeting Tuesday that four passengers ranging in age from 23 to 64 were killed when a train barreling down the tracks hit a stopped train a day earlier.
DC Metro chief: First train stopped, second 'plowed into it'June 23rd, 2009 DC Metro chief: First train stopped, second hit itWASHINGTON — The general manager of the Washington Metro says the two-train collision occurred when one train stopped at a platform near the Fort Totten station, and a second train hit it from behind. John Catoe told reporters Monday that for reasons we do not know the second train plowed into the back of that train.
California's Metrolink in $135K settlement with spokeswoman who resigned after deadly crashMay 6th, 2009 Metrolink in $135K settlement with ex-spokeswomanLOS ANGELES — The Southern California regional rail authority that runs Metrolink commuter trains has agreed to pay $135,000 to a former spokeswoman who resigned after announcing the probable cause of a crash that killed 25 people. The Los Angeles Times reports on its Web site that it obtained the settlement agreement Tuesday.
6 killed, 11 injured in train crash in southern IndiaApril 29th, 2009 6 killed in train crash in southern IndiaNEW DELHI — Two men seized the controls of a passenger train in southern India and rammed it into another train Wednesday, killing themselves and four passengers, news reports said. Another 11 people were injured when the men, who were not authorized to operate the electric train, drove it into a goods train at Vyasarpadi Jeeva station on the outskirts of Chennai, the capital of Tamil Nadu state, Press Trust of India news agency reported, quoting railway officials.
Loading ...