By: Allan M. Siegel
The first lawsuit has been filed in a Philadelphia federal court relating
to the Amtrak crash outside of Philadelphia. The plaintiff is an Amtrak
employee who was riding up to New York’s Penn Station to work. Because
he is an employee of Amtrak, he is covered by the Federal Employers’
Liability Act, which allows railroaders injured on the job to seek compensation.
It also means that he is not subject to the $200 million cap that applies
to claims made by passengers injured or killed in the crash.
When the derailment occurred, the plaintiff was violently thrown around
the railroad car. He has since been hospitalized for treatment for a traumatic
brain injury, and multiple contusions and lacerations. The lawsuit was
brought by the employee and his wife, who are seeking in excess of $150,000
from Amtrak plus punitive damages for Amtrak’s reckless conduct.
Punitive damages would appear to be warranted considering the facts that
have emerged since the crash, including that the train was
going 106 mph, more than double the speed limit for the train in that area, and seemed to be
speeding up, rather than braking, before the crash.
The train accident attorneys at Chaikin, Sherman, Cammarata & Siegel,
P.C. helped secure just compensation for victims following the 2009 Metrorail
crash in Washington, DC. We know how important it is to have an attorney
on your side, making sure all avenues of recovery are pursued and the
train company and any other parties responsible for the crash are held
accountable. If you, or someone you love, was injured in the Amtrak crash,
please call us for a