Victims of the recent crash of a passenger train in Philadelphia have filed the first of what are expected to be many Amtrak lawsuits. The crash occurred on the evening of May 12, 2015, when Amtrak train 188 was passing through the Frankford neighborhood of Philadelphia. The train entered a curve at 106 miles per hour, more than double the speed limit, and flew off the tracks. Eight people on board were killed and more than 200 were injured.
So far, at least six passengers and crew members have sued Amtrak over injuries related to the accident. One passenger claims she required multiple surgeries to keep from losing her arm. An Amtrak conductor was still hospitalized due to his injuries when his Amtrak lawsuit was filed, and his attorney said his injuries may put an end to his railroad career. One of the Amtrak lawsuits alleges Amtrak knew the curve in the track was dangerous but failed to take proper precautions and safety measures.
The National Transportation Safety Board has begun its investigation of the crash, which is expected to take about a year. Upon questioning by authorities, the train’s engineer has stated through his attorney that he has no recollection of the moments before the crash and that he had not used alcohol or drugs at the time of the crash. Amtrak CEO Joe Boardman said in a May 14 blog post that Amtrak takes full responsibility for the crash and will pay victims for medical and funeral bills.
Federal Law Limits Recovery in Railroad Accidents
The plaintiffs in the Amtrak lawsuits could see their compensation severely limited by a federal law that limits damages related to a single railroad accident to $200 million. The limit applies regardless of the number of victims or the extent of damage. Although Congress enacted the cap in 1997 as part of an effort to save Amtrak specifically, it applies to all rail carriers.
Legal experts say the damage cap will prevent plaintiffs from being adequately compensated for their injuries. Medical injuries alone could exceed the $200 million limit, some have estimated. The damage cap, in conjunction with the two-year window plaintiffs have in which to file their claims, could lead Amtrak to delay entering into any settlement agreements before all claims have been filed in order to avoid exhausting the $200 million limit prematurely.
Some attorneys believe a constitutional challenge to the damage cap may be effective. Others speculate that a separate claim for punitive damages might work as an end run around the damage cap, or that Congress might pass legislation amending the cap given the scale of the tragedy. No such options helped the plaintiffs in an earlier litigation arising out of a 2008 California train crash. In that case, the federal damage cap left a $64 million gap between the railroad’s actual liability and the amount of damages to be distributed to victims. Victims in that case asked the railroad, Metrolink, to pay the difference in damages, but the railroad refused. The judge in that case faced what he called a “Sophie’s Choice” of how to apportion the available damages among more than 120 victims.
Obtain a Free Amtrak Train Crash Lawsuit Evaluation
If you or a loved one were injured or killed during the May 12, 2015 Amtrak derailment, you may have a legal claim.
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