Is Metro Serious About Safety?

Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

In an excellent article by Robert McCartney, published in the Washington Post today, Mr. McCartney notes that "the NTSB took pains in its admirable report to emphasize two messages that weren't about money at all. First, the Red Line crash, like some previous Metro accidents, was directly attributable to what the NTSB labeled an 'anemic safety culture'".  He suggests that "Metro must undergo a top-to-bottom overhaul of its institutional habits and mind-set so that everyone places a higher priority on safety."

As National Traffic Safety Board Chairperson Deborah Hersman stated, "When safety is more important than schedules, their organizational culture can be a success."  If profits are put about safety, bad things will happen.  Very bad things.

As Mr. McCartney points out, based on the NTSB report, "Metro comes up short in virtually every category" related to safety.  With respect to the tragic crash that took place in June of 2009, signs of danger were simply ignored, according to the report. Mr. McCartney comments that "it emerged at Tuesday's hearing that workers were ignoring thousands of alarms a week triggered by the faulty signaling devices, known as track circuit modules. The attitude was: The machines don't work, but there haven't been any crashes, so why worry?"The answer should have been simple:  because people will be seriously injured and killed if the problem is not fixed.

"Metro's deep cultural problems suggest that the next general manager needs to be a powerful change agent," says Mr. McCartney.  He's right.

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners.  His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Metro at Fault for Fatal June 2009 Metro Crash

By Patrick M. Regan

The National Transportation Safety Board met today to announce the findings of its investigation into the June 22, 2009 Metrorail crash that killed nine and injured countless others.

An "anemic safety culture", and "layers of safety deficiencies" made the tragedy all but unavoidable, according to Chairman Deborah A.P. Hersman.  "Metro was on a collision course long before this accident," Hersman said. "The only question was when Metro would have another accident."  

Mr. Regan and the law firm of Regan Zambri & Long are one of the lead lawyers representing Metro passengers who were killed or seriously injured in this tragedy.  "WMATA knew for years that there were serious safety problems with the subway system and yet they refused to take simple safety measures to protect the passengers" according to a statement released by Mr. Regan.

Investigators determined that Metro knew about the problems as early as 2005, when the same inadequacies caused a near-miss collision near the Rosslyn station.  The operator averted a collision by hitting the emergency brake after the Automatic Train Control system failed to detect the train in front. 

Track circuits in the Automatic Train Control system malfunctioned thousands of times each week, and eventually, Metro simply turned off the alarms caused by the malfunctions.

The Board also found that Metro failed to inform its technicians about the automatic train control system; failed to oversee automatic train control maintenance; and continues to use 1000-series rail cars even though they pose an "unacceptable risk".

If you have questions about this post or want to discuss a potential claim against Metro, you can contact Mr. Regan by phone, 202-463-3030 or click here to send an email to him directly.