---
description: In the fine print of Amtrak tickets, consumers are waiving their rights to a trial by jury. Learn more about this anti-consumer behavior with our blog.
title: Amtrak&#039;s Sneaky Arbitration Clause
---
Amtrak&#039;s Sneaky Arbitration Clause
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	
	

			
			

		
		

		
				
			
					
		
		
		
				
				
					
# Amtrak&#8217;s Sneaky Arbitration Clause
				
				
				
				
							

								
													
										Last Updated: November 20, 2025					
								
				
													
										Reading Time:  2 minutes					
								
				

						
				
				
		
				
				
									
					
						
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					Legally Reviewed by
Allan Siegel
Updated 7 months ago
				
				
				
				
				
					
				
		
					
				
				
					
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In 2015, an Amtrak train traveling from [Washington to New York](https://www.nbcphiladelphia.com/news/local/Amtrak-Engineer-Deadly-Philadelphia-Crash-Bostian-Charges-Dropped-513089591.html) derailed in Philadelphia, killing 8 people and injuring about 200 others.

One year later, Amtrak was ordered to pay $265 million to those affected.

[This January](https://www.politico.com/news/2019/11/08/amtrak-crash-sue-068175), the company quietly added a mandatory arbitration clause to the fine print of its ticket purchases.

### What Does This Mean?

With mandatory arbitration, Amtrak passengers who are injured or killed will not be able to sue, nor band together to file class-action lawsuits. By purchasing a train ticket, customers are waiving their right to go before a judge or jury in the event of an accident – even if that [accident is fatal](https://www.chaikinandsherman.com/wrongful-death/) or results in [catastrophic injuries](https://www.chaikinandsherman.com/catastrophic-injuries/).

### Anti-Consumer Activity

“*It’s one of the most anti-consumer and passenger clauses I’ve ever seen*,” says Julia Duncan, a representative from [the American Association for Justice](https://www.justice.org/). Consumer advocates back up her claim, stating that forced arbitration in general hurts customers, who already have a hard time resolving smaller claims with transportation companies.

Senator Richard Blumenthal agrees and plans to investigate Amtrak’s clause. The clause will also be examined in a [Congressional hearing next week](https://www.nbcwashington.com/news/national-international/Amtrak-Policy-Change-Means-You-Cant-Sue-If-Something-Goes-Wrong-564715502.html?fbclid=IwAR3TakOvzlWUTdED2GuGo-vFTZ3UTSsFML8fdt6QscSN5-l-7r9pRAedZQE).

Blumenthal explains:

“*There’s no reason why consumer complaints about Amtrak should involve mandatory arbitration. Consumers might wish to have arbitration… but they shouldn’t be forced to*.”

Arbitration is a hot-button issue in the transportation industry due to high-speed transit’s increased risk for severe injury and death. Airlines, for example, are already forbidden from using mandatory arbitration. Duncan asserts:

“*The question of whether or not cases of catastrophic injury or death belong in arbitration is a really important policy question*.”

### Avoid Arbitration – Don’t Ride Amtrak

While politicians and policymakers decide whether Amtrak’s clause is legally acceptable, consumers should consider alternate modes of transportation. The only way to avoid entering into an arbitration agreement is to refrain from riding Amtrak altogether.

In recent years, the company has had multiple [train accidents](https://www.chaikinandsherman.com/train-accidents/). About 116 passengers were injured in a Feb. 2018 collision in South Carolina and 3 passengers were killed during a 2017 derailment in Washington state.

With arbitration, consumers are deprived of their access to “*public accountability through a judge or jury process*,” and according to Duncan, “*consumers fare terribly on the whole in the forced arbitration system*.”

### At Chaikin, Sherman, Cammarata & Siegel, P.C., We Are Here For You

If you have any questions about arbitration or need to explore your rights in the wake of [an accident](https://www.chaikinandsherman.com/), [our attorneys](https://www.chaikinandsherman.com/attorney-profiles/) are available 24/7 and ready to assist you.

**To discuss your injuries and find out whether or not you have a case, call us at (202) 659-8600 and **[**schedule a free consultation**](https://www.chaikinandsherman.com/contact-us/)**.**

				
				
		
				
				
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With over four decades of courtroom experience, **Ira Sherman** is a powerhouse trial lawyer who has won justice for countless victims of serious injury, discrimination, and medical malpractice. Known for his relentless advocacy, compassion, and proven results, he’s the attorney clients trust when everything is on the line.
								
				
				
				
				
									
					
						
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A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter.
								
				
				
				
				
									
					
						
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**Allan M. Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s *Top 100 Super Lawyers®* and a *Best Lawyer®* in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients.
								
				
				
				
				
									
					
						
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**Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. Recognized as a *Super Lawyers Rising Star* from 2020–2025, he’s known for his tenacity, precision, and unwavering pursuit of justice in personal injury, auto accident, and medical malpractice cases.
								
				
				
				
				
									
					
						
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