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D.C. or Maryland: Location of Washington Metro Train Red Line Accident Will Be Critical

When I listened to the first news reports about the tragic collision between the two D.C. Metrorail trains on the Red Line yesterday, the NPR broadcast said the collision occurred “near the D.C., Maryland border.” In addition to being struck by the unnecessary loss of life, and terrible injuries sustained to the victims and their families, as a lawyer, I thought to myself, the location of the train wreck will determine the level of compensation the metro train passengers and their families will be able to receive.

If Maryland were the location of the collision, the injuries would be worth less because of non-economic damages caps in place that artificially limit or cap the amount of money serious injuries are worth. However, in the District of Columbia, there are no caps that limit damages for the injuries themselves — what some people call damages for pain and suffering.

The Metrorail train accident victims and their families will be going through enough difficult times ahead, but fortunately, because the train collision occurred in the District of Columbia — between the Fort Totten and Takoma train stations, one thing they will not have to deal with are the damages caps. Again, there are no damages caps in D.C.

We have written about the damages caps before, and how we believe the caps unfairly harm the most injured victims of accidents. Here is an obvious example: Some train riders have died, some have suffered serious internal injuries, and some have serious orthopedic injuries including fractures, but if this incident had occurred a mile up the Red Line tracks in Montgomery County, the victims would not be able to receive full and fair compensation.

If you or a loved one was injured in the D.C. Metrorail train collision, and would like to speak with one of our lawyers, we would be pleased to help. Please contact either Jack D. Lebowitz or Vadim A. Mzhen at 1-800-654-1949, or by email.

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