A couple on their way to New York on work-related business are the latest to file a lawsuit against Amtrak and the train engineer who caused the May 12 derailment in Philadelphia. Plaintiffs Declan M. and Kathryn V. claim they suffered multiple injuries as passengers on the Amtrak train when the vehicle approached a curve at Frankfort Junction, traveling at more than twice the posted speed limit. The couple was sitting in the third passenger car of the Amtrak train, which ended up on its side after the derailment.
Declan, 34, was on his way to New York for a job interview scheduled the following day. He claims the crash caused him to suffer a concussion and other injuries. Kathryn, 33, works for a public relations firm and had plans to meet with a client in New York. She alleges the Philadelphia Amtrak crash caused her to suffer from multiple hip and spine fractures.
The Amtrak lawsuit alleges that the train company was negligent for not creating a system to slow the passenger train down automatically. It also specifically names the engineer, Brandon Bostian, for reckless operation of the vehicle. It is still unknown why the Amtrak train was traveling at such a high speed, and Bostian claims to have no memory of the crash.
The derailment killed eight and injured more than 200 passengers.
Philadelphia Amtrak Crash Overview
On May 12, an Amtrak train traveling from Washington D.C. to New York City derailed and crashed while traveling around a curve in Philadelphia. The data recorder and outward facing camera found that the train was traveling 102 MPH as it approached the 50 MPH curve. Engineer Bostian was knocked unconscious after the crash and claims to have no memory of what happened.
The National Transportation Safety Board (NTSB) has launched its own investigation, finding that Bostian was not on his cell phone at the time of the derailment. The data recorder on the train showed that Bostian applied full brakes right before the crash. While it is unknown why the train was traveling so fast, an NTSB member stated that the train would have only accelerated if the engineer pushed the throttle.
Although Bostian was on the Washington to New York route for only a few weeks before the derailment, he had covered the northeast corridor for the past three years and was no stranger to that part of the Philadelphia track.
Engineer Bostian is expected to give his testimony to the NTSB at a later date.
Amtrak Safety Improvements
Since the crash, Amtrak has begun making various safety improvements to its operations. The train company has started to install inward facing cameras on its passenger vehicles. Amtrak will begin placing the inward cameras on trains that cover Washington, Philadelphia, and New York, with the eventual goal of installing them on every train.
Amtrak has also incorporated a way to automatically slow down a train if it is traveling at excessive speed around the Philadelphia curve and has added additional speed limit signs near tracks.
Amtrak Crash Lawsuits
The Amtrak lawsuit filed by Declan and Kathryn is one of several that have already been filed by passengers seriously injured in the derailment. In addition to this case, four other passengers, an off-duty Amtrak employee, and the train’s conductor have all filed lawsuits so far.
Dozens of Amtrak crash lawsuits are expected and legal experts predict that the federal cap of $200 million for rail-accident damages may not be enough to settle all the cases. They expect it would take hundreds of millions of dollars just to cover passenger medical fees alone.
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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