By: Allan M. Siegel
Federal investigators from the National Transportation Safety Board (NTSB)
are continuing to explore why Amtrak Train 188 derailed and crashed off
a stretch of track in Philadelphia last week, killing 8 passengers and
injuring numerous others. According to recent statements, investigators
are currently trying to determine whether the engineer was using his cellphone
while operating the train.
As investigations continue, many victims of last Tuesday’s crash
have begun filing lawsuits against Amtrak. Here are details about a few
of the recently filed claims:
On Monday May 18
first lawsuit in the Amtrak case was filed by an Amtrak employee who suffered injuries
- including a traumatic brain injury - during the crash.
- Also on Monday, four passengers filed suit against Amtrak in federal court
in Philadelphia, claiming that the rail company failed to install automatic-braking
technology (Positive Train Control) along the curve where the train derailed.
- Two other lawsuits were filed on Monday - one in federal court in Manhattan
by a Swiss couple and another in state court in Newark by a conductor
on the train.
Two Queens women injured in the crash filed a lawsuit against Amtrak and
the engineer of the train on Wednesday. They also intend to challenge
the constitutionality of the
$200 million damages cap.
- A Queens man filed a lawsuit against Amtrak in Philadelphia Wednesday seeking
compensation for what he claims are catastrophic and disabling injuries.
His wife was also named as a plaintiff in the lawsuit, and is seeking
damages for loss of consortium.
The initial lawsuits are likely the first of many to be filed by individuals
and families affected by this tragic incident. Although these lawsuits
will provide victims the opportunity to hold Amtrak liable for their damages
- which can include their physical harm, financial losses, and emotional
suffering - the federal damages cap still raises concerns that victims
may not recover the full amount of compensation they deserve.
Chaikin, Sherman, Cammarata & Siegel, P.C. fully supports victims harmed
by the negligence of others in their fight for justice. For more information
about pursuing compensation as a result of the AMTRAK train crash ,
contact our legal team for a free consultation.