Western Railroad Discussion > Metrolink checking insurance (huh?)

No wonder Amtrak bowed out of the bidding for operations. Also of note, the lawsuits from the Burbank accidents have yet to start. Didn't the NTSB state the crossing design was "confusing" and didn't adhere to Federal Recommendations. I believe Burbank hired Metrolink who hired Herzog on that deal.




LA Daily News


The 14-year-old Metrolink commuter rail system is insured against catastrophic events such as Wednesday's deadly derailment, officials said.

Officials could could not immediately provide the upper limit of the agency's coverage, but said its policy has a $4 million deductible -- $3 million for operations and $1 million for property.

"We're going to have to take a look at our coverage and take a look at what the claims will be. We'll know more as time goes on," said Metrolink spokesman Stephen H. Lantz.

"It's too soon to speculate today whether we have sufficient insurance or not," he said. "We're a public agency. We'll have to deal with this issue, among the other ones."

Chief Executive Officer Dave Solow said Metrolink maintains a reserve fund of $2 million to $3 million to cover its deductibles. The agency would use other revenue sources if more money is needed.

Metrolink, which operates with a $110 million-a-year budget, gets about half its funding from sales tax revenue earmarked for public transit and about half from fares.

Metrolink, which started running trains Oct. 26, 1992, now counts 40,000 daily riders in 50 cities throughout Southern California.

And Metrolink is liable, how? If any of the people who sue over this get a penny out of Metrolink, it will be literally armed (with lawyer) robbery.

Bob

navarch1 Wrote:
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> And Metrolink is liable, how?

The lawyers will be looking for deep pockets. The perp doesn't have any money, nor likely any insurance, so it will be a waste of time going after him.

The lawyers will focus in on Metrolink, Herzog, Bombardier, EMD, UP, the company that designed the signals, Jeep/Daimler Chrysler, and any other group with cash that can somehow be implicated in the accident. The defendants will like get together and apportion risk, and any payouts will be spread among them. Welcome to the US court system.

This is indeed going to be an interesting legal situation. You can be sure that the victims and their families want to be compensated, but by whom? The party primarily -- if not wholly -- responsible for the situation is a probably penniless peon. There will probably be a lot of "should have known" or "should have anticipated" stuff floating around when the lawsuits are filed, and yes, they'll get filed against every conceivable defendant just to see what sticks.

But from my perspective, this is the down side of allowing everyone with a claim their day in court. Would the people on this board not agree that compensation would be due from, say, the owner of the track if a track defect had caused such an accident? Yes, you can be sure in this case that the plaintiffs' attorneys will play toward jurors' sympathy for the plight of the victims and their families, but the judge retains the power to vacate an inappropriate jury award, too -- or to grant summary judgment in favor of one or more defendants if the plaintiffs can't prove real liability.

navarch1 Wrote:
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> And Metrolink is liable, how? If any of the
> people who sue over this get a penny out of
> Metrolink, it will be literally armed (with
> lawyer) robbery.
>
> Bob


Cant get blood out a turd, when the turd is a homeless, broke pile of $#@!
But Metrolink "aka" US tax payers thats another story.

run8 Wrote:
-------------------------------------------------------
> navarch1 Wrote:
> --------------------------------------------------
> -----
> > And Metrolink is liable, how?
>
> The lawyers will be looking for deep pockets. The
> perp doesn't have any money, nor likely any
> insurance, so it will be a waste of time going
> after him.
>
> The lawyers will focus in on Metrolink, Herzog,
> Bombardier, EMD, UP, the company that designed the
> signals, Jeep/Daimler Chrysler, and any other
> group with cash that can somehow be implicated in
> the accident. The defendants will like get
> together and apportion risk, and any payouts will
> be spread among them. Welcome to the US court
> system.

And they'll be blackmailed to settle out of court if need be. I can see the payout being about 40% of their operating budget.

Who was that ex-BNSF guy on the radio saying the push-pull was a bad design and Metrolink has known it for years. I had three workers who know nothing about train telling me about the guy (Because he was an expert!)

You need to add the suspect's wife and family to the list.


> The lawyers will focus in on Metrolink, Herzog,
> Bombardier, EMD, UP, the company that designed the
> signals, Jeep/Daimler Chrysler, and any other
> group with cash that can somehow be implicated in
> the accident. The defendants will like get
> together and apportion risk, and any payouts will
> be spread among them. Welcome to the US court
> system.

About ten years ago some kids derailed an Amtrak train back on the east coast. Some passengers were injured and tried to sue Amtrak, they lost in court and had to pay their own medical expenses. It was found not to be Amtrak's fault in any way.

Hi guys-- very sad about this derailment.. A number of us at work have been discussing what the "Lawyers" might pull.. You'd be surprised!!

The suicidal guy was the ONLY one at fault--BUT, because of the FRA's dislike about Push-pull operations, Metrolink might get nailed..

Another theory, and NOT far-fetched in this day of Courts, if the Lawyers somehow do a "track inspection, for say, 1500 feet either side of the accident site, and find ANYTHING amiss (missing spikes, loose bolts, etc.), the UPRR will get nailed.
Now don't get mad at ME--please.. I'm just saying what could be FACT because of lawyers and juries..

UPRR might have to pick up the entire tab..
Then another issue that was brought out-- that the railroad is an "attractive nuisance".. and on and on and on..
It's NUTS-- but be ready for the "O.J. Trial of the Rails"...
News at 6..

Take care everyone.

KRK

UPRR has nothing do to with the track, Ken. This is Metrolink trackage.

Win or lose, the deep pockets law staff will have to hire more lawyers just to answer even the flimnsiest claims. I think of my liability insurance as prepaid lawyer fees. How do you know when a lawyer is lieing? His lips are moving!

David.Curlee Wrote:
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> UPRR has nothing do to with the track, Ken.
> This is Metrolink trackage.

Are you saying SCRRA owns it and UP has trackage rights? We're not referring to north of Burbank Jct.

coachyard Wrote:
-------------------------------------------------------
> David.Curlee Wrote:
> --------------------------------------------------
> -----
> > UPRR has nothing do to with the track, Ken.
> > This is Metrolink trackage.
>
> Are you saying SCRRA owns it and UP has trackage
> rights? We're not referring to north of Burbank
> Jct.

Yes.

run8 Wrote:
-------------------------------------------------------
> navarch1 Wrote:
> --------------------------------------------------
> -----
> > And Metrolink is liable, how?
>
> The lawyers will be looking for deep pockets. The
> perp doesn't have any money, nor likely any
> insurance, so it will be a waste of time going
> after him.
>
> The lawyers will focus in on Metrolink, Herzog,
> Bombardier, EMD, UP, the company that designed the
> signals, Jeep/Daimler Chrysler, and any other
> group with cash that can somehow be implicated in
> the accident. The defendants will like get
> together and apportion risk, and any payouts will
> be spread among them. Welcome to the US court
> system.

I once dealt with a lawyer who was representing a client who had suffered severe injuries in a freak accident wherein a large piece of pipe fell off a truck and in front of his car. Among those being named in the suit were the contractor who had paved the highway (many years prior) and the manufacturer of the asphalt.
C.

Just how can stUPid be responsible for the accident. That track does not belong to them and IS NOT maintained by them. This section of track now belongs to Metrolink and is maintained for them by the Herzog Corp.

SLOCONDR Wrote:
-------------------------------------------------------
> Just how can stUPid be responsible for the
> accident. That track does not belong to them and
> IS NOT maintained by them. This section of track
> now belongs to Metrolink and is maintained for
> them by the Herzog Corp.

Whether or not they are at fault, they did have a presence at the scene and
were involved in the wreck, so I'm sure they'll be named too.

And Congress (A bunch of Lawyers) don't think that we need Tort Reform! Whats the difference between a Lawyer and a carp? One is a bottom dwelling mud sucker and the other is a fish.

The only asset the perp had was the vehicle he was in, and it's totalled. Maybe they can divide up that rear axle 250 ways......

The other thing of interest to me would be which comes first, the decision on the lawsuit against the guy, or the injection putting him to death.

:D

Kennedy