Wrongful Death Suit Filed Against California Rail Line
Surviving family members of one of the two rail line workers who were hit and killed by a San Francisco Bay Area commuter train have reportedly filed a wrongful death suit against the transit agency. Two daughters allege that their father was killed by a Bay Area Rapid Transit train that was driven by an operator-in-training who was inexperienced and who had not yet been properly trained. The wrongful death suit was filed on May 16, 2014 in Alameda County Superior Court in California.
One man was a BART engineer, and the other worked as a rail consultant. They were killed on October 19, 2013 during a maintenance and training run as the locomotive traveled in excess of 60 miles per hour. The deaths occurred while employees from two of BART’s largest unions were on their second strike within four months, and train service was stopped.
The daughters filed the wrongful death suit seeking unspecified damages one month after the California Division of Occupational Safety and Health fined BART $210,000, stating the train was, in fact, operated by an inexperienced driver, and that the driver had not been adequately supervised. Additionally, according to Cal/OSHA, a high-ranking manager who was supposed to be instructing the driver was not in the cab with his trainee at the time of the accident.
Cal/OSHA also issued a fine for BART’s since-discontinued practice of making its workers responsible solely for their own safety. Under the procedure, the workers received no prior warning that a locomotive may be traveling through the area. Although one worker was supposed to be watching out, neither did, according to state workplace safety inspectors.
Since the accident, BART has altered its rules, requiring trains to stop, slow down or change course as they approach workers. BART has also allegedly implemented new communication protocols to inform its workers when a locomotive may pass by their location.
Importance of Seeking Legal Counsel
In many cases, workers’ compensation does not always cover the necessary medical expenses and other punitive damages that may arise following an injury or death. For this reason, victims may consider seeking legal counsel to file a wrongful death suit against the liable party.
Contact Attorney Group Today
If you have been injured or if you have lost a loved one due to the fault or negligence of another, you may be able to file a wrongful death suit on his or her behalf. Attorney Group provides free case evaluations to those who believe they have a claim. We can also connect you with an affiliated attorney who can help file your wrongful death suit and work to help you seek damages to which you may be entitled.