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The first lawsuits have now been filed over the recent Metrolink rail disaster. |
09/24/08
Inevitably, the lawsuits have now started to hit the courts. Based on allegations that the engineer on the Metrolink train missed a signal and was texting just before the collision, it is Metrolink that is under legal assault. Union Pacific appears to be blameless in the matter, a fact they are no doubt thankful for.
On September 15th, the first claim was filed against Metrolink by the family of a boy who died in the crash. Other claims are now pouring in as well.
Trial attorneys are scrambling to cash in — the families of victims have reported local attorneys showing up at their homes to try to win business, according to Breaking Legal News.
But since Metrolink is a government agency, any payout isn't likely to be big. Punitive damages are not available, and since the engineer who was allegedly at fault died in the crash, going after him is not a winning strategy either. Metrolink's punitive damages immunity will likely save the agency from bankruptcy.
In fact, there is a federal law, the Amtrak Reform and Accountability Act of 1997, which caps damages at $200 million in the aggregate for railway disasters. This cap will no doubt be litigated, though. Meanwhile, Metrolink apparently has insurance in the $150-200 million range.
So expect this case to be messy, indeed. Still, the family of each deceased passenger can expect around a $5-10 million-dollar piece of the available pie, which is better than chicken feed. Hopefully, it doesn't all go to their attorneys.
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