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A Special Letter to the Victims and Families of Victims of the January 16, 2005 Glendale, California Metrolink Train Wreck


WARNING: YOU HAVE ONLY A SHORT TIME TO
FILE A SPECIAL GOVERNMENT CLAIM OR
BE FOREVER BARRED FROM OBTAINING
COMPENSATION FOR YOUR DAMAGES
AGAINST METROLINK (SEE REASON BELOW)


For those who were injured in the tragic Metrolink crash of January 26, 2005, we offer our best wishes for your speedy recovery. And to the families and friends of those who lost their lives, we send our deepest condolences.

We believe, based on over 25 years of suing California railroads, that if Metrolink had taken the reasonable safety precautions it should have taken no one would have been injured in this tragedy, much less killed.

Its true that Mr. Alvarez drove his Jeep onto the tracks. But Metrolink trains hit vehicles all the time. The deaths and injuries occurred only because Metrolink chose to operate its trains in ways that greatly increased the risk of injury and death to its innocent passengers.

The overwhelming position of Metrolink, as reported in all TV, radio and newspaper accounts, is that Jeep driver Alvarez is one-hundred percent responsible for this tragedy and Metrolink is zero percent responsible. We strongly disagree with Metrolink. We very strongly believe that Metrolink is overwhelmingly responsible for the injuries and deaths - - even though Alvarez may have gotten his jeep struck on the tracks. There are a number of things Metrolink did and/or failed to do which caused the derailment and resulting injuries.

We do not say this without basis. For more than 25 years this law firm has specialized almost exclusively in representing individuals injured by various railroads, including Metrolink. We represented the widow of the first Metrolink grade crossing fatality for the death of her husband in 1992. We have been retained by more victims of the Placentia, Orange County Metrolink head-on collision of 4/23/02 than any other law firm. The court appointed us to the Plaintiffís Steering Committee in these cases.

Regardless of what the railroad claims people may have told you or the family, and regardless whether they have advanced any funds (something they sometimes do in the hopes their victims will not contact an independent and knowledgeable lawyer), they have been doing, and will continue to do, everything they can to limit or reduce the railroad's liability and ultimate legal exposure for this tragic accident. In other words, they are doing and will continue to do everything they can to pay the family as little as possible on the claim.


Based on our long time experience winning California lawsuits against railroads and what we have so far learned in this case, we feel so strongly about Metrolinkís responsibility for this train accident that we have taken out some newspaper ads - - something the U.S. Supreme Court encourages. We represent a number of victims already, and have an in depth investigation underway.

We will gladly provide you a completely confidential consultation to go over your legal rights, without any obligation whatsoever, and without any cost. If you should decide to hire us, you would not be expected to advance any money to pursue your legal rights. We charge a percentage of the recovery for our legal fee only after the case is settled or won at trial.

Please consider these things about our law firm: It consists of more than a dozen individuals, including lawyers, paralegals, railroad investigators (4 of whom worked more than 20 years each on California based railroads), a video/graphics department, and others, all dedicated to helping injured people and the families of those killed (particularly by railroads) obtain the best recoveries the law makes possible for their injuries and their losses.

• Our firm has the only California Lawyer listed as a Railroad Law Specialist in Best Lawyers In America - which lists the lawyer specialists chosen by other knowledgeable lawyers who answered this question: "If you had a close friend or relative who needed a Railroad Law Lawyer, and you could not handle the case yourself - for reason of conflict of interest or time - to whom you would refer them?" Visit www.bestlawyers.com

• Our firm has the California Lawyer who, over the last 25 years, has won more cases in court against railroads than any other Lawyer according to Jury Verdicts Weekly, Inc.

 

Our law firm has favorably resolved many hundreds of cases against all the major California railroads, including Metrolink, in the past. While all cases, including yours, have different values:

• We represent more victims than any law firm of the April 2002 Metrolink head-on collision in Placentia, Orange County. The Court has appointed us to the Plaintiff's Steering Committee in that case

• We represented the family who lost their husband/father in 1992 in the very first Metrolink train grade crossing collision, and obtained a very substantial settlement.

• We represented numerous victims of the Kingman, Arizona Amtrak train derailment

• We successfully sued for a family who lost their husband/father in a major train derailment in the Cajon Pass.

• We litigated, and won to the benefit of several clients, the 1993 Amtrak derailment which occurred on a bridge in Mobile, Alabama, taking the lives of numerous passnegers.

• We have obtained hundreds of other successful results, against all of the various Southern California railroads, including a recent $2,125,000 jury verdict for a back injury and $2,261,000 verdict against Los Angeles MTA (Blue Line) for the wrongful death of a 19 year old with no job, no spouse, and no children.

• We have collected relevant Metrolink materials since 1992 when Metrolink started running trains, in order to help our clients protect their rights against Metrolink. Other law firms are not so organized. See the affadavit of defense attorney Craig Whitney.

In order to obtain the best legal representation, it is important to obtain advice from and choose a law firm that intimately knows and practices the specialized railroad law involved. This includes a full knowledge of the operating practices and procedures in the industry, the particular corporations and government entities involved, the special law and the particular facts which are needed to be able to prove the railroads legally negligent. This law firm has developed that special expertise through many years of experience.

The railroadís team of lawyers and claims people are already actively working to establish their defenses against you and the families of the deceased. They need legal expertise on their side to establish their claim and to maximize their familyís potential recovery of damages. We already have experts working on this case to help the clients who have retained us. And we obtained a detailed high definition footage of the accident site - - and the entire Metrolink line from downtown Los Angeles to Moorpark on January 28, 2005, two days after the tragedy - - which was as soon as the weather would permit.

Although most cases can be resolved without a trial, experienced lawyers know that in order to obtain the maximum recovery for victims of serious injuries, the legal team must fully prepare the case for trial.

It would be a privilege to provide you and the family an absolutely free consultation in our office (which is near Dodger Stadium in Los Angeles) or at your or their home or other place you prefer. Please call our 800 number (800-344-3352) or call 323-662-6400 collect. Please ask for me; if I am in court, ask for Victor Russo or head paralegal Arnold Cruz. We hope to hear from you, a family member or trusted friend soon.

But remember you must file a government claim against Metrolink before six (6) months from 1/26/05 or you will be barred from suing Metrolink if this deadline is missed.


Pfiester & Russo
A Law Corporation


By R. Edward Pfiester, Jr.

                  

(c) MCMXCIX  R. Edward Pfiester, Jr., Esq., A Law Corporation