Federal Government Assumes Responsibility for Safety on Metro Rail

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Legally Reviewed by
Allan Siegel

Updated 5 months ago

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The firm’s attorneys discuss their approach to personal injury claims involving negligence — including the capacity to fund complex litigation and hire the experts required for cases against government entities. The firm has represented victims from nearly every major DC-area train disaster over the past decade, including claims against WMATA, Amtrak, and CSX.

Speakers: Allan Siegel, Ira Sherman, Stephen Ollar, Joseph Cammarata

Allan Siegel (00:02): We are a personal injury law firm. That is the only type of work that this law firm does. If you were injured as a result of somebody else’s negligence, then that’s a case that we would handle. So what does that include? Car crash cases. It includes bicycle crash cases, scooter cases, pedestrian accident cases, truck crash cases. It includes bus cases, all of those things, but it also includes situations where you might be hurt on somebody else’s premises. For example, maybe you were hurt at a business, maybe you slipped and fell because they didn’t maintain their floor in a safe condition.

Ira Sherman (00:40): The insurance company knows that we are aggressive, we are creative. We have the funds to fund a case and hire experts, and as a result, they distinguish us in a category of law firms that they need to know and do know that we can take the case from day one all the way through trial successfully.

Stephen Ollar (01:05): Insurance is an important factor, not just the insurance coverage on the vehicle that struck you, but also if you have additional insurance coverage that may compensate you if you have very serious injuries. The degree of your injury is important.

Joseph Cammarata (01:21): Our approach is victim oriented in the sense that we are concerned for the wellbeing of our clients. We do everything to better their lot in life. A person that’s injured in a crash or bike accidents or pedestrian accidents, their life typically gets turned upside down. And we try to right that balance. We make sure that they’re getting the medical treatment that they need, that they’re following through, and that we understand the medicine, we understand just what the person is going through so we can articulate that. We could present that effectively.

Allan Siegel (01:57): If you’ve been injured as a result of somebody else’s negligence or as a result of somebody else’s intentional act, that’s a case that we would handle and that’s a case that you should call us to consult with us on.

As we recently blogged, Metro’s rail system is currently overseen by the Federal Transit Administration (“FTA”), an agency within the U.S. Department of Transportation (“DOT”). To fix Metro’s endemic safety problems on its rail system, the National Transportation Safety Board recommended that Metro’s rail system be reclassified under federal law as a railroad, so that oversight power would transfer from the FTA to the Federal Railroad Administration.

Days later, on October 9, the Secretary of the DOT instead chose a more conservative approach. The Secretary, Anthony Foxx, decided that transferring oversight away from the FTA would create bureaucratic confusion and slow down efforts to improve safety. Instead, Secretary Foxx has adopted a more conservative proposal, that will add greater oversight power to the FTA. In effect, safety on Metro’s rail system is now a federal responsibility, enforced by the FTA. Day-to-day operations will remain a Metro responsibility, but the FTA will be able to conduct surprise inspections and issue directives to Metro to immediately address safety problems in the rail system.

This is not as radical a plan as the National Transportation Safety Board’s proposal, but hopefully greater federal control will save Metro riders from the dysfunction of the current system – and prevent future injuries and deaths. In any event, of course, lawsuits and the judicial system will remain an important tool to ensure that Metro is held accountable for accidents, and has an incentive to avoid them.

If you or anyone you know has been injured in a Metro accident, you should contact the personal injury attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., for a free consultation.

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The car accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including Virginia  (Northern VirginiaArlingtonFairfaxWoodbridgeManassas,  and Alexandria), and Maryland  (BethesdaHyattsvilleRockvilleLaurelMontgomery CountyPrince George’s CountyWaldorfUpper MarlboroFrederickBowie,  and  Silver Spring).

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