A San Francisco car accident involving a Muni Metro train that left five people injured on February 18, 2010, was likely due to the Metro operator's error, Muni officials say. According to a news report in the San Francisco Chronicle, a J-Church light-rail vehicle doing 39 mph, rear-ended an F-Market historic streetcar on San Jose Avenue near Highland Avenue.

I'm relieved that the two passengers from the Metro vehicle and the driver of the streetcar did not sustain any life-threatening injuries in this crash. Information regarding the other two people injured or the extent of their injuries is not yet known. It is indeed fortunate that there was no one else in the streetcar or there may have been several more injuries in this case. I wish all the injured victims the very best for a quick and complete recovery. Please keep them in your prayers.

Driver Error Caused Accident

Based on this news report, officials are not saying much more than this was caused by "driver error." They have not specifically said what the error was. However, the report states that the driver is a 30-year veteran of Muni. Authorities say he has already been tested for drugs and alcohol, which is standard procedure after accidents involving public transportation vehicles. Investigators say the video surveillance equipment on the J-Church train was not working at the time of the accident, a problem commonly encountered. There have been several train accidents, bus and streetcar accidents involving Muni vehicles over the last few months.

A Muni audit, which the San Francisco Chronicle obtained last year, showed that surveillance equipment on more than half of Muni buses and trains were not operational. Apparently, there were many vehicles on which cameras had problems such as blurry images, vandalism, bad cables and inoperable recorders. However, officials are saying that they have been working on those issues.

Liability Issues

In this particular case, it is not clear what the train operator did. Was he traveling at an unsafe speed? Was he distracted by a cell phone, passenger or something else? It is illegal for Muni operators to use a wireless device on-the-job. Was the driver under the influence? In such cases where the driver or operator is at fault, the transit authority can be held liable. Victims in this case could seek compensation for medical expenses, loss of wages, cost of hospitalization and other related damages.

Remember that if you were a passenger on a bus, light rail train, street car or any such vehicle that was involved in an accident, the transit company, whether public or private, owes you the "duty of utmost care" associated with being a common carrier. This "duty of utmost care" is higher than the negligence duty owed by the bus company to drivers of other vehicles and pedestrians. An experienced San Francisco personal injury lawyer will be able to explain to victims their legal rights and options in such cases and make sure they are fairly compensated for their injuries, damages and losses.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

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