On Sunday, December 1st, 2013, a Metro North train derailed, killing 4 passengers and injuring 75. There has been a lot of public attention and speculation regarding the incident and the cause of the accident.
An investigation has revealed that the conductor of the Metro North train was travelling 82 miles per hour, far above the speed limit of 30 miles per hour on that section of the tracks. The train derailed at a turn in the track that historically has been the site of numerous accidents. A New York MTA accident lawyer and other officials will see whether conductor error or a mechanical failure was the official cause of the accident that killed 4 people, injuring more than 70. This was one of the worst accidents in MTA history.
The conductor claims he attempted to engage the brakes but they were unresponsive. Train officials say there was no braking until late into the 30 mph zone. By the time the brakes were fully engaged, it was far too late to stop the train from veering off the tracks. The conductor driving the train has a spotless record, according to the Association of Commuter Rail Employees, so more investigation will need to be done into why the train was travelling at breakneck speeds when it hit that turn.
The phone records of the conductor have been subpoenaed, as have a blood test taken immediately after the crash for drugs and alcohol. Should the conductor be found to have been impaired or distracted while conducting the train, he will face criminal penalties as well as the civil lawsuits that are no doubt to come. At this point, however, it is far too soon to determine exactly what caused the crash so no blame should be cast until the investigation is completed.
Contact Personal Injury Attorney Jeffrey K. Kestenbaum
Whether it was mechanical failure or conductor failure, there is no doubt that negligence occurred. The conductor needs to be aware of the excessive speeds and take all measures possible to stop that train before it derails. Likewise, the MTA has a responsibility to make sure that all mechanical functions on the train are in full working order. Somewhere along the line, someone was negligent and responsibilities weren’t met. Now the families of these victims will be left to pick up the pieces from an accident that could have been avoided.
If you were injured in the Metro North Accident or any other MTA train or bus accident in NYC, contact the Law Office of Jeffrey K. Kestenbaum. Jeffery Kestenbaum is dedicated to fighting on behalf of his clients to get them the compensation they deserve. His staff is fluent in Spanish and Jeffrey Kestenbaum is always personally available to help his client’s and address their concerns. Hire an experienced MTA accident law firm today. Contact us at (718) 237-5586 for your free consultation.