It was another disaster this week for Amtrak when a Pennsylvania man who worked as a firefighter for Six Flags Great Adventure was unfortunately hit and killed by an Amtrak train traveling from New York to Philadelphia. This accident adds to the costly personal injury claims from crash victims that the company is facing mainly from the derailment at Frankford Junction a few months ago resulted in hundreds of millions of dollars in claims from victims.
Amtrak Reform and Accountability Act
Under the Amtrak Reform and Accountability Act, the government can pay up to $200 million per crash for people injured in Amtrak derailments and their families. However, if a particular accident includes many victims, the claims often exceed this cap, particularly for victims who have ongoing medical care as a result of the accident or families who have lost wages due to the loss of their family member. For example, the Frankford Junction accident resulted in the death of eight passengers and injury to 200. These injuries included concussions, contusions, lacerations, and multiple neurological injuries. It is entirely plausible that the government will set up a compensation fund to cover any loss that exceeds the cap.
In accidents like these, victims will typically sue Amtrak for negligence, arguing that the company failed to safely operate the train and failed to provide proper measures to stop the train, or any other oversights. It is unlikely that these victims will not prevail for the outright, overall negligence demonstrated by Amtrak. In particular, in the Frankford Junction accident, the train was traveling at more than 100 miles per hour (mph), which is more than twice the posted speed limit, when it entered the curve where it derailed. Amtrak had failed to install an electronic control system which would have detected that the train was traveling too fast and would have automatically slowed it down.
Solnick & Associates’s Experience with Amtrak
Solnick & Associates is well versed in dealing with personal injury issues arising out of Amtrak accidents. In 2013, Attorneys Jay Solnick and Jessica Altman filed a civil action in state court on behalf of a Philadelphia man who took a spill on Amtrak’s property due to a slippery substance left on the escalator, causing him to sustain fractured teeth, multiple facial lacerations, tissue swelling, facial injuries, and others. He also suffered from mental pain and anguish and wage losses.
Solnick & Associates LLC is a personal injury law firm based in Jenkintown, Pennsylvania that serves the surrounding areas. The lawyers of the firm realize the tremendous importance of obtaining compensation so that you can move forward in the best way possible. Contact our firm for a free consultation today—we are here to listen to your story and help.