The NTSB is reporting that the commuter train that crashed in the Bronx on November 29 was going about 82 miles per hour as it entered a 30-mph curve. At least four passengers died and at least 67 were injured after the train derailed about 10 miles north of Manhattan’s Grand Central Terminal.
This is apparently not the first time a train has jumped the tracks on this particular turn. A freight train derailed in the same curve in July causing damage to about 1,500 feet of track, according to a Metropolitan Transit Authority report at the time.
A spokesperson for Metro-North Railroad has stated that the train involved in the recent crash was not equipped with positive train control (an automated system designed to slow down or stop trains to prevent crashes caused by human error). Some news outlets have reported that the train’s engineer has told investigators he applied the brakes, but the train didn’t slow down.
Investigators have recovered two event recorders — one from the locomotive at the back of the train and one from the car at the front. The recorders can answer important questions such as how fast the train was traveling and whether its brakes were working. Investigators will likely explore several questions: Was the train’s driver rested? Was he paying attention to his job? Did the equipment on the train function correctly?
To successfully bring a claim involving a railroad company or train collision, clients need an experienced, educated attorney on their side. They also need an attorney with the financial resources to take the case to trial. At Heygood, Orr & Pearson, we have tried hundreds of cases to verdict and have settled hundreds more. In 2010 alone, we negotiated settlements of personal injury and wrongful death claims totaling more than $50 million.
Heygood, Orr & Pearson also has the financial resources to handle personal injury cases from start to finish. In fact, there are many instances in which we invested hundreds of thousands of dollars in a case in order to take it to trial. At Heygood, Orr & Pearson, we are committed to achieving justice for our clients, whatever the cost.
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