Metrolink to offer $200-million settlement to victims of deadly Chatsworth rail disaster

Metrolink and its former commuter train operating contractor will offer $200 million to victims and survivors of the 2008 Chatsworth rail disaster under a plan expected to be filed in federal court as early as Wednesday, The Times has learned.

The offer equals the maximum liability established under federal law for passenger train accidents and would be among the most costly rail catastrophe payouts in the nation’s history.

But the proposal is likely to be challenged by victims and their attorneys, who say total medical and other damages caused by 24 deaths and injuries to 135 passengers far exceeds $200 million.

The distribution of the funds, expected to be drawn partly from insurance payments, would be left to the courts, assuming the plan receives judicial approval.

The head-on crash was caused by a contract Metrolink engineer, employed by Connex Railroad, who ran a red light while text messaging on a cellphone, according to the National Transportation Safety Board.

Officials with the five-county commuter system say the settlement plan, coming weeks before the second anniversary of the crash, conforms to federal requirements and would speed up financial relief to injured passengers and relatives of those killed.

“It provides compensation to the victims on an expedited basis, potentially years faster than if the case was fully litigated,” said Metrolink board Chairman Keith Millhouse.

Victims attorneys did not have an immediate comment, but were planning to release a statement once the proposal is filed.

“This covers only between a third and a half of the true damages,” said one victims’ attorney, who spoke on the condition he not be named because he wasn’t authorized to speak for the plaintiffs’ group. “Taxpayers ultimately will have to bear the burden of the rest.”

The Metrolink-Connex settlement offer could set off a legal and possibly legislative battle over the federal liability cap, as it applies to the Chatsworth accident. The cap was adopted by Congress in 1997 to help keep the nation’s passenger rail system financially viable.

-- Rich Connell

RELATED:

Database: Fatalities from the Sept. 12, 2008, train collision

Full Coverage: Metrolink Crash Aftermath

Photo: A memorial at the site of the September 2008 train crash in Chatsworth. Credit: Lawrence K. Ho / Los Angeles Times

Comments

[nojustice]

Yes it was a tragedy the family lost their loved ones.... But those people and the hungry lawyers are just damn too greedy. They using their beloved to milk the public $$$. This is just too much!

[What a waste, again and again...]

Whether you call it MTA, Metro or what ever; the organization lacks a clear understanding of the future, here in the Los Angeles region. They are almost in the same boat as LAUSD. They both have lacked consistent focused leadership. The heads of the organizations are in place for short periods of time and their staff shuffling has led to a waste or tax payer dollars and far too many changes of priorities and messages.
Take the politicians off the Metro board they are waste of time and money.

[Brayton Holt]

Texting. What a waste of human life and trail of pain and suffering left behind because of TEXTING. Put down the gizmos and gadgets, people, and pay attention to LIFE!

[james andrews]

Tax dollars for a bureaucrats mistake. Was anyone fired? Did anyone even lose a pension?

[bigfoot]

Conex and Metrolink should bear the total burden for the crash and it's consequences. The taxpayers should not be punished for more municipal incompetance.

[donna]

The memorial wasn't located at the site of the crash. The actual crash itself happend almost a half mile up the tracks. The memorial depicted in the picture was in front of one of the arenas at the Davis Horse Ranch in Chatsworth that is next to the train tracks.

[Kenneth Close]

Lawyers walk away with $6M and claimants get $800,000. Great tort system we have.

[Marlena]

I am mixed about this - how was it the railroads fault that the employee was so lax about the dangerous job he held? He and he only was responsible for the collison, he was grossly irresponsible and negligent but did die in the collison. So long as the $200 million cost isn't past on to consumers or taxpayers in some way

[Ed C.]

The problem is that our taxes fund Metrolink ... so we all lose.

At least they got insurance. Let's hope the lawyers don't become greedy.

[Rocky]

How much do the lawyers get out of this in total and per lawyer?

[Russ]

james andrews wrote:

Tax dollars for a bureaucrats mistake. Was anyone fired? Did anyone even lose a pension?

~~~~~~~~~~~~~~~~

It's a lot easier to spend when it's "other people's money." Translation -- yours and mine. As to whether anyone was fired or lost a pension, David Solow, the head-honcho of Metrolink at the time of the crash, received a demotion, but not a pay decrease. I believe the Metrolink board still pays a portion of his home mortgage, and they even named a new railroad signaling "control point" (industry jargon) after him near his home in Laguna Niguel.

[pasadena jag]

A testimony to how America now operates. Total incompetence.

[Dick]

They build an unsafe system with public funds and then use public funds to pay for this and other horrible tragedys. The management should be held accountable personally for poor decisions that risk lives. Technology was available to prevent this crash just as the at-grade death traps could be improved with grade separations or better guards. Where are the cost savings now?