Commuter train engineer didn't apply brakes in fatal crash

LOS ANGELES, California (CNN) -- The National Transportation Safety Board said a Metrolink train that slammed head-on into a freight train Friday did not apply its brakes, according to preliminary data from the investigation.

The freight train, operated by Union Pacific, did hit its brakes, said Kitty Higgins, a member of the National Transportation Safety Board assigned to the investigation, on Tuesday. She said the data was collected from recorders aboard each train and physical examinations of the brakes, but that investigators were seeking additional data from two other damaged recorders.

Investigators also found that the train operators had only 4 to 5 seconds to react before impact, she said. The Metrolink was traveling at 42 mph in a 40 mph zone at the time of the collision.

Twenty-four bodies were found at the scene after the collision in suburban Los Angeles at about 4:30 p.m. PT Friday. A 25th person, a man in his 50s, died later at a hospital.

More than 130 people were injured. The commuter train was carrying 220 people. iReport.com: See pictures of wreck, cleanup

Metrolink said a day after the crash that it appeared its engineer, identified as 46-year-old Robert Martin Sanchez, had failed to heed a stop signal.

The NTSB is looking into reports that Sanchez, who was killed in the wreck, sent text messages on his cell phone moments before the crash happened.

The NTSB has subpoenaed records from Verizon Wireless, Higgins said. The agency said it communicated with two teenagers who told a local television station they were exchanging text messages with the engineer just before the crash occurred.

Relatives of one of the 25 people killed in the accident announced Tuesday they intend to sue the Metrolink commuter rail system.

"I'm here to fight for my sister," said Juan Magdeleno, brother of 19-year-old Aida Magdeleno, who died in the crash. "I know that's what she wants. She was an activist at heart."

He broke into tears as he said: "Metrolink needs to make changes now ... I'm holding them accountable."

"The time has come to use this tragedy as a way to bring change that will prevent other families from having to sit in an office like this and make a statement, as this family is making today," said Paul Kiesel, an attorney representing the Magdelenos.

Metrolink forbids train operators from using cell phones or other electronic devices while on duty.

On Monday, Michael R. Peevey, president of the California Public Utilities Commission, said he was proposing an emergency order banning use of cellular devices while operating a train. He said he would call on the Federal Railroad Administration to institute additional train control safety measures.

Among those killed in the crash was Spree Desha, a Los Angeles police officer on her way home from work. California Gov. Arnold Schwarzenegger said in a statement Tuesday that capitol flags will be flown at half-staff in honor of Desha, a seven-year veteran of the LAPD.

"She selflessly dedicated her life to protecting the city of Los Angeles and her commitment to public safety will never be forgotten," Schwarzenegger said.

Funeral services for Desha are scheduled for Thursday.

CNN's Irving Last contributed to this report.

All About Train Travel • Los Angeles • U.S. National Transportation Safety Board