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Chatsworth, California Metrolink Train Accident

Tips For Victims and Their Families

First Things First
Attend to the needs of the injured and make appropriate arrangements for the deceased. There is nothing survivors and the families of the deceased need to do immediately to preserve their personal injury rights to compensation for their injuries and losses or investigating the train accident itself. Attend to the medical, emotional and spiritual needs of family members first.

Medical Expenses
Medical expenses for survivors and the deceased should be billed directly to available medical insurance. Use either private medical insurance, employment medical insurance, workers’ compensation benefits or medical insurance through government programs before paying cash out of pocket (other than deductibles and co-pays). Do not pay cash out of pocket for medical expenses due without consulting with a knowledgeable train accident attorney about your rights and options, if paying these expenses will cause a financial hardship. Some expenses may not be your financial obligation to pay. Some may be covered through various forms of insurance. All will eventually be recoverable from those agencies responsible for the train collision.

Medical Liens
Do not sign a lien against a potential recovery for medical services unless you have no other alternative. Consult a knowledgeable personal injury attorney before signing a lien. By signing a lien you will be billed for medical service as a “cash” patient, incurring charges far in excess of those your insurance company would pay for those services. Some expenses may not be your financial obligation to pay.

Workers’ Compensation Benefits
For any of the Metrolink train accident victims that were on the job at the time of the accident, by California state law, they are entitled to workers’ compensation benefits, as are their family. For example, the train engineers and conductors are covered by their workers compensation benefits. Also covered are anyone else who can be considered “in the course and scope” of their employment at the time of the accident. Workers’ compensation benefits are available in addition to “third party” (personal injury) rights. Workers’ compensation will immediately pay for medical expenses and provide some quick compensation for lost income. Work comp benefits will pay for burial, funeral and other death benefits as well. This is another area were victims and their families serve themselves well by consulting with attorneys skilled in the areas of both personal injury law and workers’ compensation benefits.

Keeping Track Of Damages
Keep track of all expenses and losses incurred. Keep receipts. Keep notes of hardships, challenges, suffering and out-of-pocket expenses for later claims. Many claimants will use a calendar to make daily notes, in order that nothing is forgotten and the full measure of damages can be recovered. Some people will keep a daily diary in which they note all relevant expenses, losses and hardships. Be careful about your note taking. In some situations all of your notes will be discoverable by the defense attorneys. Do not put anything in your notes that you would not want the defense to see.

Burial And Funeral Expenses
Burial and funeral expenses are recoverable in a wrongful death action against those legally responsible for the death of a family member (California Approved Jury Instructions Numbers 3921 and 3922). Such expenses are traditionally paid in advance of services and long before any financial recovery is received from those responsible for a loved one's death.

Lost Income
Lost income and/or the lost ability to earn income due to injuries caused by the Metrolink train collision are recoverable from the parties at fault (California Approved Jury Instructions Numbers 3903C and 3903D) along with all other traditional California personal injury "damages", such as "pain & suffering", emotional upset, scaring, disfigurement, therapy, prescription medication, out-of-pocket expenses and so on.

Wrongful Death Claim
A wrongful death claim is available to the next of kin and the estate of those people fatally injured in this train accident. (California Code of Civil Procedure section 377.60.) Economic and non-economic damages can be recovered (California Code of Civil Procedure section 377.61, California Approved Jury Instructions Numbers 3921 and 3922). Next of kin include family members such as a spouse, domestic partner, child, parent and siblings, in that order (California Code of Civil Procedure section 377.60). If a parent has died, the surviving spouse, domestic partner, children and some people who were financially dependent on the decedent have claims. A plaintiff (person making the claim) in a wrongful death claim may recover funeral and burial expenses, loss of income from the decedent, the decedent’s medical expenses, loss of household support, and loss of relationship. In California, a claimant cannot recover for his/her grief, sorrow, mental anguish, or pain and suffering caused by the death of the decedent. Claimants are entitled to compensation for loss of the emotional, supportive, and loving benefits of their relationship with the decedent, known as "loss of consortium", especially the spouse or domestic partner who has also lost the sexual relationship he/she had enjoyed with the decedent (California Approved Jury Instructions Number 3921).

Time Limit To File
Since a probable defendant (person being sued) in any action for damages for the September 12, 2008 Metrolink train accident, will be Metrolink, which is a local public entity, a claimant must be concerned about the provisions of the California Government Code about prosecuting a claim against a state government entity. [Metrolink is operated by the Southern California Regional Rail Authority, a Joint Powers Authority of five county governments.] Personal injury claims in California against the State or a local public entity or employee need to be properly prepared (California Government Code section 910, et seq.) and presented (California Government Code section 915, et seq.) to the proper person (Ibid.) representing the responsible governmental entity within six months of the date of injury (Government Code section 911.2). The claim must be rejected, either formally or by the passage of time before a lawsuit can be properly filed (California Government Code section 945.4). A claimant has six months from the rejection of his governmental claim to file a lawsuit for personal injury or wrongful death damages (California Government Code section 945.6). Failure to timely and properly file a governmental claim will terminate a claimant's rights. Failure to timely file a lawsuit after the rejection of the governmental claim will also terminate a claimant’s rights. More governmental claims are lost due to this six month filing requirement than any other provision of the law that I am aware of.

Investigation and Gathering of Evidence
In most accident cases that we are involved in, we will immediately conduct our own independent accident scene investigation, inspection of involved vehicles and interview of witnesses. In this case, there is not need to do such an investigation.

Among other agencies investigating the cause of the September 12, 2008, Chatsworth Metrolink train crash is the National Transportation Safety Board (NTSB). The NTSB is in the process of a scene investigation, inspection of vehicles, interview of witnesses and a reconstruction of the accident itself. The NTSB is an independent Federal agency charged by Congress with investigating varies types of civil accidents in the United States and then issuing safety recommendations aimed at preventing future accidents. The Safety Board determines the probable cause of railroad accidents involving passenger trains or any train accident that results in a fatality or major property damage.

Liability - Who is responsible?
There are many complex liability issues in a train collision case, especially where the condition and operation of the rail and safety equipment may play a part in the liability picture. The knowledge and experience needed to resolve these myriad issues lies outside the skill set of many personal injury law firms. Since the railroad system is an important element in Interstate Commerce, the Federal government regulates much of the construction, maintenance, safety equipment, upkeep, and other work required to keep most train tracks operating safely and Federal law will be applied to these issues. Special rules may regulate the task of establishing Metrolink's liability, if any, for its operation of the train under the conditions found at the accident site. It will be complicated to establish the products liability of the manufacturers, installers, inspectors, maintenance workers, and operators of possibly defective switching, signaling, and warning equipment. The work of experienced railroad accident lawyers will be crucial to successfully chart the course of making sure that all entities responsible for the performance of the engineer, conductor, switchmen, and safety operators are held accountable to the full extent of their liability. There is no doubt that there will be a number of parties responsible for this train catastrophe. Will it be Metrolink, Veolia Transportation, Inc. (the contractor who employed the engineer and supplied him to Metrolink), Union Pacific, the MTA, the owners of the tracks, the operators of the tracks, whomever is responsible for switching, equipment installers/maintenance companies, hardware suppliers, software suppliers, the list goes on? It will take months to sort out what happened, what was supposed to happen and who is responsible. Leave that task to the professionals. Those of us who are representing the victims of this train accident, the NTSB and eventually the courts, if need be, will sort out who is at fault and we will hold them accountable.

Legal Representation
Anyone injured in this train accident would be well served by consulting with a personal injury attorney with successful experience in railroad accident and governmental agency cases before speaking to any officials or investigators concerning the accident. The same goes for supplying any information or signing any documents. Anyone who lost a family member in this train collision should do the same. The best California personal injury attorneys and law firms who have successfully handled railroad, Metrolink and MTA cases will provide accident victims and their families free consultations to discuss their rights and options. Chose a qualified law firm that you feel good about with attorneys and staff that you like and trust.

For the first class treatment by a compassionate, skilled law firm, call Bisnar Chase for a free consultation, 800-956-0123. Visit us at www.CaliforniaTrainAccidents.com.

Please visit our main California Personal Injury Website.

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