By Amanda Antell  |  May 20, 2015

Category: Consumer News

AmtrakThe first lawsuit has been filed against Amtrak, after a fatal crash left at least eight people dead and injured more than 200 in Philadelphia. Dozens more personal injury and wrongful death lawsuits are expected to be filed as further details about the Amtrak crash emerge.

An Amtrak employee who was injured during the deadly derailment has decided to file an Amtrak train crash lawsuit, alleging that Train 188 derailed as the result of negligence.

The Amtrak derailment lawsuit was filed on Thursday by plaintiff Bruce P. in Philadelphia, alleging that Amtrak failed to properly operate the train and allowed the train to accelerate to a dangerous speed.

Bruce claims that the train had been heading to New York. When the crash occurred, Bruce found himself in chaos as the derailment tossed him around in one of the rear cars of the train.

According to the Amtrak train crash lawsuit, initial data from the train’s “black box” shows that the train was traveling more than twice the speed limit that it was supposed to go, at 106 miles per hour, when it derailed along a curved section of track in Philadelphia’s Frankford neighborhood. This is one of the busiest passenger-rail corridors in the United States.

Train engineer Brandon Bostian was knocked out by the crash and reportedly has no recollection of the experience. Bostian is scheduled to speak with the National Transportation Safety Board (NTSB) to provide as a more detailed account of the incident.

A video was reportedly taken before the crash occurred, which will provide additional details of the train crash. NTSB board members state that the video showed the train going over 70 miles per hour, about 65 seconds before the recording ends.

Overview of Amtrak Derailment Allegations

As of May 15, the death toll from the Amtrak train crash was 8 people. At least six people remained in critical condition, while the remaining passengers and crew have been or will be released from the hospital soon. Bruce’s lawsuit also claims that Amtrak failed to provide available and appropriate safety procedures for the employees and customers, and that the train lacked an adequate braking system.

Additionally, the Amtrak train crash lawsuit claims that the train lacked a proper control system, which federal investigators agree could have prevented the crash. The Amtrak lawsuit is seeking more than $150,000 plus any punitive damages, with the plaintiff indicating that he suffered a concussion, contusions, lacerations, and multiple orthopedic and neurological injuries.

The cause of the Amtrak derailment is yet to be determined, but there are several main questions surrounding the investigation:

  • Why did the train accelerate before it approached the curve?
  • Was it the engineer or a defective mechanical part that caused the acceleration?
  • Did the alarm system that’s designed to alert train officers of excessive speeding fail?
  • Did the track itself cause the train crash due to an unknown complication?

Investigators state that these questions will be thoroughly examined as well as all possible causes of train derailment including: train track conditions, the condition of throttle and brake settings, and alarms in the engineer’s cart.

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.

Get a Free Case Evaluation

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