Friday, June 26, 2009

The Awful Truth

Trains are one of the primary means of transport for millions of Americans but after the deadly DC train crash, the awful truth is out.

More than a third of the trains of the largest transit systems are in poor or marginal condition. In fact, according to a report from the National Transportation Safety Board, these old subway cars lack “survivable space” and experience the worst damage.

It can be recalled that the train which caused the crash was an older 1000 Series running on automatic mode when it hit the stopped train. In one report, 50 feet of the 75-foot length of the lead car of the moving train was mangled.
All of the nine fatalities from the crash came from the moving train.

NTSB has warned Metrorail, as far back as 2006, to phase out the old fleet because of concerns over how well it would fare in a crash and how it has a tendency to compact in intense collisions. However, because NTSB’s power is merely regulatory and investigative, it lacks the capacity to force the implementation of its recommendations.

But transit officials say the lack of money has constrained them from implementing NTSB’s recommendation. It was estimated to need $888 million to replace the 296 rail cars that were built more than 30 years ago. It also claimed that since they couldn’t afford to replace the older models, they’ve taken steps to keep the train cars in good condition.

Nine people have died and more than seventy other passengers were injured after the crash. The Metro's board has approved of a $250,000 hardship fund to provide financial relief for victims of the collision, to assist them with their medical, funeral and other immediate expenses.

It is an unfortunate fact that safety is now a luxury for train passengers. Because of the high costs of facility and train upgrade, there is a high risk for railway accidents.

Commuters now have to pay the price for these transit system’s inaction but in the end, what Metrorail have cut in costs will become victims’ compensation.

Tuesday, June 23, 2009

Jury Deliberates in a Road Rage Accident

The jury found it hard to reach a decision in a case of gross negligence discharge of a firearm filed against police officer Frank White. White was involved in the road rage incident that injured a woman and her son.

The jury seemed to need more time as deliberations was set to continue the next day instead of giving it on the scheduled day.

White’s lawyer Rick Pinckard, as closing argument, said that his client was only defending himself from what he believed a threat to his life and that of his wife. Thus, he pulled a gun as a consequence. He said further that White was not aware that a boy was on board the car at the time he pulled the trigger of his gun.

Every case has two sides, that of the plaintiff and that of the defendant. Each party tries his best to convince the jury to side with him. While the jury never witnessed what happened, pieces of evidence presented by each party are scrutinized and evaluated as a way of knowing the truth or an approximation thereof.

This case showed the advantage of having a good personal injury lawyer to lead a party from pursuing his interest – a lawyer who would do everything to argue at his client’s advantage.

Everyone hopes that at the end of all this true justice would be served to whoever mostly deserves it.

Friday, June 5, 2009

Girl Dies of Car Accident at the Border

For many, United States has always been the land of dreams. Consequently, many people stay at US-Mexico border waiting to cross the US. They employ whatever means possible even to the point of risking their lives.

A Mexican mother and her 4 year old daughter had the same dream – to cross the border posing as vendors selling items to drivers about to cross the border.
However, the unfortunate happened. The child was hit by a Chevrolet Suburban and died at Chula Vista hospital.

The female driver who was a legal resident of the US claimed that she did not see the child walking beside her vehicle.

Mexican authorities said that their action against the driver would depend on the result of the investigation of the accident.

If the female driver would be found negligent, a wrongful death case may be filed against her for negligent driving.

The little girl’s loved ones may claim for damages because of her death. While no monetary value could ever replace her life, expenses incurred may at least be approximated.