Injured victims and their family members of the Amtrak 188 derailment in Philadelphia have begun filing lawsuits in the wake of the deadly train accident that left eight dead and more than 200 others injured.
The Amtrak Northeast Regional Train #188 was traveling from Washington, D.C. to New York when it went off the tracks outside of Philadelphia.
Reports indicate excessive speed was the major factor in the derailment. The train was estimated to be traveling as fast as 106 mph as it approached the Frankford Junction in the Philadelphia neighborhood of Port Richmond. The train’s conductor, Brandon Bostian, survived the accident but claims no recollection of the events as he sustained a concussion.
The Amtrak derailment lawsuit filed by the passengers and their spouses alleges negligence and claims damages for loss of consortium. The passengers’ Amtrak lawsuit also seeks punitive damages for a count of outrageous conduct as they allege the train was traveling twice the legal limit when it derailed as it approached the Frankford Junction.
Among the 27 negligence allegations, the plaintiffs allege negligence in hiring the conductor operating the train, failure to properly inspect the train and its tracks, and failure to follow federal laws governing rail safety.
According to the Amtrak 188 lawsuit, one of the passengers required several surgeries to save her arm from amputation. The other passengers in the Amtrak lawsuit all allege they sustained major injuries.
Federal law puts a cap on the total amount of damages which may be paid out at $200 million. Legal analysts speculate this will not be sufficient to the claims arising from the Amtrak 188 accident.
Amtrak 188 Conductor Files Claim
One of the conductors aboard the Amtrak train that derailed is also suing the rail carrier. Emilio Fonseca of Kearny, N.J., filed the Amtrak derailment lawsuit in Newark, stating he felt a sudden surge before the train derailed and is seeking unspecified damages. Fonseca’s attorney says he suffered broken bones and head trauma and is still hospitalized in Philadelphia.
Amtrak 188 Lawsuits
While the accident is still under investigation, a team from the National Transportation Safety Board (NTSB) has determined that the train headed toward the turn at 107 miles per hour, when the engineer, Brandon Bostian, hit the emergency brakes. The train took the turn at 102 miles per hour — more than double the 50 miles per hour speed limit, according to data recorders on the train, analyzed by the NTSB team.
In addition, that section of the tracks did not have a positive control system used across the region to automatically slow trains down when travelling at excessive speed. Congress has mandated that all railroads in the United States have such a system in place by the end of this year.
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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