Washington Personal Injury Lawyer & Attorney : Regan Zambri & Long Law Firm : DC Metro Area Personal Injury Law Blog

Posted by: Salvatore J. Zambri, Esquire

The National Transportation Safety Board's (NTSB) investigation of last month's deadly Metro crash prompted the board to conclude that WMATA's electrical system is insufficient.  The Board has "urged the transit agency to add a real-time, continuous backup that would alert train operators to potential problems and stop trains when necessary," according to a Washington Post report by Lena Sun.

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Posted by: Salvatore Zambri, Esquire

Congressional hearings took place yesterday that were focused on multiple reports that found that the Environmental Protection Agency (EPA) regulates tap-water more carefully than the Food and Drug Administration (FDA) does bottled water.  According to the Wall Street Journal (7/9, Zhang), "The Food and Drug Administration, which oversees the $11.2 billion" bottled water industry, "doesn't keep track of companies that produce bottled water and doesn't require companies to report positive tests for contaminants, federal officials told a House hearing Wednesday. Consumer advocates testified before the Energy and Commerce Committee's oversight and investigations panel that bottlers should be required to disclose more information to consumers."

The report further noted that Joshua M. Sharfstein, FDA Principal Deputy Commissioner, "testified that the agency regulates bottled water as a food and doesn't know which companies among registered food firms make bottled water. Moreover, he said, the FDA has limited power to require more information on labels, and he put in a pitch for legislation that would boost the FDA's funding and authority for food safety."  A similar report can be found in the New York Times (7/9, Fuller).

Unfortunately, the FDA does not have the resources to adequately evaluate the safety of medicines and products.  An FDA approval by no means assures that the product or medicine approved is actually safe.  Be careful before using any product and always speak with your doctor before taking any medication.

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According to the Post report, "Transit officials would not say yesterday whether they believe the malfunction was a result of faulty equipment or poor installation, citing the investigation by the National Transportation Safety Board."

The track circuit at issue  "fluttered", according to Kubicek.  One moment it would detect a train, and then the train would "disappear".  He added that "Metro did not realize that there was problem until officials began examining data after the accident."

Metro is now replacing many of  the system's Wee-Z bonds because they are "approaching the end of their usefulness," according to David Couch, who leads Metro's infrastructure projects.Of course, this raises the question:  Why weren't they replaced earlier? We know that at least one was well beyond its usefulness, unless it was incorrectly installed or maintained.

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Everyone associates the July 4th holiday with fireworks.  All too often, it also is associated with injuries.  According to the Consumer Product Safety Commission (CPSC), approximately 9800 people were treated in hospital emergency rooms for fireworks-related accidents in 2007.  The following recommendations from CPSC offer common sense safety guidelines:

• "Do not allow young children to play with fire-works under any circumstances. Sparklers, considered by many the ideal "safe" firework for the young, burn at very high temperatures and can easily ignite clothing. Children cannot understand the danger involved and cannot act appropriately in case of emergency.
• Older children should only be permitted to use fireworks under close adult supervision. Do not allow any running or horseplay
• Light fireworks outdoors in a clear area away from houses, dry leaves or grass and flammable materials.
• Keep a bucket of water nearby for emergencies and for pouring on fireworks that don't go off.
• Do not try to relight or handle malfunctioning fireworks. Douse and soak them with water and throw them away.
• Be sure other people are out of range before lighting fireworks.
• Never ignite fireworks in a container, especially a glass or metal container.
• Keep unused fireworks away from firing areas.
• Store fireworks in a dry, cool place. Check instructions for special storage directions.
• Observe local laws.
• Never have any portion of your body directly over a firework while lighting.
• Don't experiment with homemade fireworks."

We wish all of our readers a very happy and safe celebration for Independence Day weekend.

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Posted by: Salvatore J. Zambri, Esquire

As you may have heard, lawyers have already filed lawsuits stemming from the recent tragic crash involving two Metro-trains on the red-line.  My firm represents injured victims and their families, but we have not yet filed suit for several reasons.  For one, the Nation's capital is in mourning still.  Some time should pass before litigation begins.  Second, investigations are continuing and we are unearthing more and more relevant evidence. Third, families and victims have gone through enough.  It seems to me that working with WMATA to resolve cases fairly and effectively is a better approach than running to the courthouse.  If a fair resolution cannot be achieved, then the courthouse is thankfully available so justice can be obtained.

My firm has secured the largest settlement in WMATA's 33 -year history.  Perhaps it is due to our firm's reputation that allows us to resolve cases with large truck companies and entities like WMATA instead of filing suit so quickly.  A resolution saves a client money, time, and emotional anguish.  Early resolution--if possible--should be every attorney's goal in any case.  Of course, again, if the defendant proves to be unreasonable, a lawyer should have the resources and experience to fight for full justice.  Because defendants recognize that my firm has the resources necessary to litigate catastrophic cases and that we are always prepared to litigate cases aggressively, they more often than not want to settle cases with us early on, and on terms favorable to our clients. 

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Posted by: Salvatore J. Zambri, Esquire

Trucks account for only 3% of the vehicles on our roadways, yet they are involved in 12 percent of all crash fatalities.  According to a Public Citizen report, "Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes."

Congress is now considering taking action--action that is long overdue. Specifically, Congress is working on legislation that would limit or curb truck sizes and weights. Experts have acknowledged that the larger the truck, the more likely it is to kill or cause serious injuries. Increased weights and sizes also lead to greater infrastructure damage to our roads and bridges.  And, of course, bigger trucks emit more toxic pollution into our environment.

We encourage you to visit Public Citizens' website and contact your representatives in Congress, encouraging them to limit the weight and size of trucks.  It will lead to greater safety and public health.

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