Legislators Seek to Boost Chatsworth Train Wreck Liability Limit to $500 Million

A Los Angeles federal judge is considering a $200 million settlement that would compensate victims of the 2008 Metrolink commuter train crash in Chatsworth. Meanwhile, congressman Elton Gallegly (R-Simi Valley) has introduced a bill that would retroactively raise the federal liability limit on railroad crashes to $500 million, and Democratic Sen. Diane Feinstein said she plans to sponsor a similar bill.

In a federal court filing, Metrolink and Connex Railroad, the contractor that provided the train's engineer, have offered to pay up to $200 million to compensate the 135 people injured and family members of the 25 killed. That amount was set as the maximum liability allowed in any passenger train accident under a federal law enacted in 1997.

Gallegly, whose district includes dozens of passengers hurt in the crash, wants to amend the law to raise the cap to $500 million in cases where gross negligence or willful misconduct are determined to have been involved in a crash.

Investigators determined the Metrolink train collided with an oncoming freight train because the commuter train's engineer, who was killed, had been sending text messages on his phone and didn't see a red light.

Gallegly, who has met with survivors, said $200 million is not enough to cover their losses and medical expenses. Many of those with injuries will require a lifetime of treatment, while others lost their only means of support with the death of a parent or spouse, he said.

"The current cap will not even meet the medical needs of the survivors of one of the worst passenger train accidents in modern history," Gallegly said.

Metrolink's Board Chair Keith Millhouse said the proposed settlement would "provide compensation to the victims on an expedited basis, potentially years faster than if the case was fully litigated."

U.S. District Judge George H. Wu has set a timetable for when the money should be deposited with the court, but he has yet to decide whether to approve the settlement, according to an Associated Press report. The judge's pending decision has created a deadline for taking legislative action to amend the law, the AP reported.

Meanwhile, the crash's anniversary passed quietly with private memorials and little public display.

Two weeks ago a lone bouquet in a water-filled jar stood as a lonely sentinel beside the tracks along Chatsworth Street, where large displays of flowers and illuminated crosses had been placed the year before.

And in the rugged hills behind Stoney Point, crash survivor Frank Kohler and his companion Debra Kobeski stood alone at a memorial plaque that overlooks the crash site, which is now edged with 25 memorial trees.

Kohler was riding in the front of the second train car's top level at the time of impact. He said he woke up 90 minutes later with no memory of what happened, an injury to his head and numerous broken bones.

At the time of the crash, the Simi Valley resident was a critical care nurse. He said he hasn't worked as a nurse since, and has trouble holding a thought and maintaining a conversation. 

Jazerai Lord contributed to this story.