Personal Injury Law

State's Board of Public Works Approves $1.5 Million Lutherville Train Accident Settlement in Maryland Wrongful Death of Two Teenagers

By Jack Lebowitz, Esq. and Vadim Mzhen, Esq.

Maryland?s Board of Public Works has given the green light to a $1.5 million Baltimore County wrongful death settlement over the fatal train accident that killed two teenagers last year. Kyle Patrick Wankmiller and Jarrett Connor Peterson were walking along tracks that are usually used by trains headed southbound in Lutherville on July 5 when a northbound train hit the two 17-year-olds. The Maryland Transit Administration had switched the direction of traffic on the tracks.

Following the deadly Maryland train collision, the MTA said the two teens had their backs to the trains when they were hit from behind. A spokesperson says the two boys thought the train was using the other track as it approached them. The public is not allowed to be on the tracks unless they are at designated crossing areas.

The train?s operator reportedly did not notice that the train had hit the two boys and did not stop. The operator of a second train that later passed through also failed to see the teenagers. It wasn?t until a third train came through that a fare inspector saw their severely injured bodies.

Two train operators were fired and six other workers were disciplined over the tragic Baltimore County train accident. No criminal charges were filed over the deadly incident.

The families? Maryland injury attorney notified the state that they planned to sue. A Baltimore County wrongful death settlement was reached before the families filed their lawsuit. The lawyer noted that even though state law prevents plaintiffs who contributed to their personal injury from recovering damages, the Maryland?s wrongful death law has a provision that holds responsible the party that has the ?last clear chance? of preventing an injury accident from happening.

Maryland Train Accident Injuries to Pedestrians
Pedestrians that are struck by trains will likely have sustained serious have sustained serious injuries that require medical attention as soon as possible. Train operators must exercise caution that they don?t accidentally strike someone or, if they do, that they get that person medical help right away. Some common causes of train accidents include mechanical failure, operator error, inadequate maintenance, and speeding.

State OKs $1.5 million settlement in case of teens killed by light rail train, The Baltimore Sun, January 21, 2010

MTA Says It Plans To Fire 2 For Deadly Accident, WJZ, December 18, 2009

Related Web Resources:
Maryland Board of Public Works

Maryland Transit Administration

Full post as published by Maryland Accident Law Blog on January 27, 2010 (boomark / email).