Following the recent Amtrak train accident, which killed eight and injured
more than 200, Congress announced the payout for lawsuits related to the
crash would be capped at $200 million. Many feel this number may simply
be too low to fully cover the deaths and injuries associated with the
derailed train, particularly when the crash was repeatedly characterized
as “a scene of indescribable horror.” A group of lawsuits was filed against Amtrak in a Pennsylvania
federal court just yesterday. Lawyers for the plaintiffs point to speed
as the primary factor in the Amtrak train’s derailment, dismissing
the alternative theory that a projectile struck the train and led to the
accident. In fact the train was traveling at nearly twice the legal speed limit.
Human Error or Negligence on the Part of Amtrak?
The engineer, Brandon Bostian, has repeatedly maintained he remembers nothing
about the accident, but has provided a blood sample to officials. Bostian
suffered a concussion as well as injuries to both legs in the derailment.
Plaintiff’s lawyers have also noted Amtrak’s failure to install
safety controls which regulate the speed of the trains—a deadly
choice, as it turns out. One of the current plaintiff’s had her
arm nearly severed in the accident, another suffered serious back injuries
and numerous cuts, while yet another sustained multiple broken ribs and
had teeth knocked out.
Wrongful Death Suits Expected
The families of those who died on Amtrak 188 have not yet filed wrongful
death cases, but it is expected they will do so in the coming weeks. An
Amtrak employee who was not on duty but was being transported back on
the 188 has filed suit, claiming he suffered a traumatic brain injury,
lacerations, emotional trauma, neurological injuries, and orthopedic injuries.
The employee is asking for $150,000 in damages; employees are not bound
by the $200 million cap, as it applies only to passengers. One of the
attorneys involved in the currently filed cases said during a conference
that he may fight the damages cap set by Congress. In other cases such
as the parking garage collapse in Atlantic City and the Pier 34 collapse
in Philadelphia, an arbitrator determined the percentage of the funds
each plaintiff would receive. It is likely the Amtrak litigation may follow suit.
The History of the $200 Million Cap
The Amtrak tragedy is the nation’s deadliest train accident in nearly
seven years. The $200 million cap is a result of a 1997 effort to rescue
Amtrak from financial ruin, with a goal of helping the company eventually
become independent. The objective of the cap on damages was to help Amtrak
purchase insurance at reasonable rates. Unfortunately, Amtrak is still
far from being independent, and if the amount from the 1997 law was adjusted
for inflation, it would be closer to $300 million. Historically, this
could be the first time the liability ceiling which was specifically designed
for Amtrak would actually apply to the railroad. A similar Metrolink passenger
rail accident, which occurred in Los Angeles in 2008, resulted in a $200
million payout to victims. The settlement amount was divided among the
victims, with amounts between $12,000 and $9 million. In some of those
cases, however, the settlement amount was much less than the projected
medical costs.
Could the Amtrak Cap Be Challenged?
A California attorney who represented victims from the Metrolink crash
said $200 million “can be just a drop in a bucket to compensate
people who are the victims of passenger rail collisions in America.”
In the recent Amtrak accident, more than twenty victims remain in the
hospital, with five in critical condition. A Miami-based lawyer, noted
that the people who travel on that particular Amtrak train are “typically
successful…the more you’ve got going on in your life, the
more your damages are worth.” On the flip side, former Amtrak president,
Tom Downs, told Congress in 1996 that “limits on liability are essential
for our economic future.”
Contact Our Pennsylvania Personal Injury Lawyers
At Golomb & Honik, our Philadelphia personal injury lawyers are devastated
by the recent tragic accident that has occurred in our community. When
catastrophic injuries have been suffered, it is important to understand
all of your legal rights. The Amtrak train accident in Pennsylvania is
different from other types of personal injury lawsuits and requires a
law firm with the skill and experience needed to litigate these types
of catastrophic injury cases. To learn more about your legal options or
to schedule a free consultation call the Philadelphia personal injury
lawyers at Golomb & Honik today at
1-800-355-3300 or 1-215-985-9177 or fill out our confidential
Contact Form.
The personal injury lawyers at Golomb & Honik have successfully represented
individuals in Philadelphia, Pennsylvania, New Jersey, and throughout
the United States.