Obama & the Federal Railroad Administration

President Obama apparently didn't like the legislation that President Bush tried to enact right before his term ended. Neither did a lot of folks – including those at the American Association for Justice (AAJ) – as the legislation attempted to preempt an injured railroad accident victim's right to sue for his or her injuries in state court.

The controversy started after last year's railroad accident near Los Angeles, California in which a MetroLink train collided with a freight train. The accident was responsible for 25 deaths and approximately 130 injuries – all because the driver of the train was sending text messages instead of watching where the train was going. While the injured victims and the families of those who passed are entitled to compensation, it is limited.

Amtrak Reform & Accountability Act

The Amtrak Reform & Accountability Act (ARAA) was signed into law in 1997 by former President Bill Clinton. While its passage was seen as a way to assist the ailing railway, it also limited the amount of recovery victims or their families can receive. Recovery is limited to $200 million per accident – for everyone involved – and that includes both economic (lost wages, medical bills) and non-economic (pain and suffering) damages. Although $200 million may seem like a lot of money, it isn't – especially when a great deal of people are involved such as the MetroLink crash.

Former President Bush sought to preempt victims from suing those responsible for an accident in state court, but President Obama is now taking another look. Part of the President's economic stimulus plan calls for the creation of high speed railways that have been a part of European, Asian and other cultures for years. As Obama looks to fill the top position at the Federal Railroad Administration (FRA), he will also analyze whether limiting damages is a good idea. The AAJ says that preemption is definitely not a good idea as victims of railroad injuries should be protected, not big corporations. Joseph Szabo, a former Illinois mayor and railroad worker, is currently going through Senate Committee hearings to head up the FRA.