In all of the news coverage of the Philadelphia Amtrak accident, many missed the unfortunate fate that an Amtrak passenger train bound for New Orleans met on May 10. At the time, there were 163 passengers on the train.
Unfortunately, one of these passengers died, and two were taken to the hospital with injuries. Investigators are now looking into why there was a vehicle parked on the tracks and any other factors that gave rise to the accident.
Potential Claims in These Accidents
In accidents with large carriers like Amtrak, passenger safety is almost entirely in the hands of the company’s engineer(s) and the safety signals and precautions the company has put in place. Engineers must be experienced in particular routes to know where the safety signals are and what the appropriate speed is for that part of the track. To potentially compensate for any engineer mistakes, experts have also stated that positive train control must be in place on the override track to potentially overrule any engineer mistakes and signal systems in place which automatically slow the train if it is traveling too fast.
Any claims brought by those injured (or their families, for wrongful death) associated with accidents like these are focused on someone else’s negligence, whether that be the engineer/operator of the train and/or Amtrak itself. Amtrak must put the proper precautions in place and is vicariously liable for actions of its employees. A claim for negligence is based on the company failing to fulfill a particular duty to act (in this case, to protect passengers on their trains).
If Amtrak failed to have proper safety precautions built into their system, or if their engineer failed to show a level of care that someone of ordinary prudence would have exercised under the same circumstances, they can be held liable for negligence. In addition, as more details emerge as to why there was a vehicle parked on the tracks, and who that vehicle belonged to, the owner or operator of that vehicle could also be sued for negligence.
Damages
Any victims injured on the train could sue for compensatory damages to cover their medical bills, lost wages, and any pain and suffering. In addition, the family of the individual who died could file a wrongful death case and receive compensation for the loss of companionship and grief and anguish. Damages can also be collected for projected loss of income of the decreased, and potentially, punitive damages for the purpose of punishing the company and/or deterring similar conduct by other companies.
Harrell & Nowak
If you have lost a loved one due to the recklessness or negligence of another person or company, our vehicle accident and wrongful death attorneys can help ensure that justice is served. Our firm has recovered millions of dollars in settlements and verdicts on behalf of clients, including a $1,000,000 settlement in a five-car accident in Jefferson Parish, Louisiana where our client was rear-ended. Contact our lawyers serving New Orleans, Metairie, Kenner, and nearby areas.