Amtrak Derailing outside of Philidelphia


Photo Source: BRYAN WOOLSTON/REUTERS 
On May 12, 2015,  an Amtrak train was derailed which caused at least eight deaths and over 200 injuries to those on board. Preliminary data shows that the train was approaching a curve going around 100 miles per hour during the time of the derailment, when the speed limit of that section of track was 50 mph and just before the curve the speed limit is 80 mph. The section of the track was not equipped positive train control which is an automated speed control system, though Amtrak has put out a statement saying that they have plans on fully activating the speed control system by the end of this year. with It looks like the engineer set the brakes before the crash, but it is unsure exactly what happened because he sustained a concussion during the crash. Authorities are looking to see whether the crash was due to human or mechanical error.

The Federal Railroad Administration has said that this is Amtrak's 9th derailment this year alone with an average of 31 derailments per year for the past decade.

Photo Source: Federal Railroad Administration
Past derailments seem to be blamed on the condition of the tracks, and improper maintenance of the tracks.

So far there has been one lawsuit being brought up against Amtrak. The lawsuit is bringing up the injuries sustained and about the negligence of Amtrak.

Yesterday, Amtrak has admitted to full responsibility and says that they will be working with the families affected to help with medical bills, transportation, lodging, and funeral expenses. They mentioned again that they are going to implement the Positive Train Control system by this December.

Comments from Allen:

Look for over 200 lawsuits to come from this crash.  Any time an on-the-job employee acts negligently in the course of his employment, like the engineer in this case, the employer is liable for that person's negligence.  Certainly, he was negligent in negotiating that turn a twice the speed limit for that turn.  Amtrak is also negligent in that it knew it needed to employ the positive train control, but had not yet done so; the "I-haven't-finished-putting-it-in-yet" excuse never works, once the hazard and the solution have been identified.

A word about the engineer's "selective memory."  If the engineer takes the stand, he can be cross-examined about why he did not notice the train was travelling dangerously fast when approaching that curve.  However, if he has a lapse of memory as to what he was doing immediately before the crash, he can testify in a criminal case about all kinds of things without being cross examined about the only thing the jurors will want to hear: what were you doing when you had to slow down that train?  I don't know if the memory loss is genuine, but for him, it is very convenient.

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.


Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.

Sources for more information:

http://abcnews.go.com/US/amtrak-crash-investigators-search-train-derailment/story?id=30998492

http://blog.amtrak.com/2015/05/message-president-ceo-joe-boardman-train-188/

http://www.buzzfeed.com/jessicasimeone/several-killed-amtrak-derailment-outside-philadelphia#.ut3jZ5DYR4

http://www.buzzfeed.com/jessicasimeone/several-killed-amtrak-derailment-outside-philadelphia#.qdy4PygaWV

http://www.cnn.com/2015/05/14/us/philadelphia-amtrak-train-derailment/

http://www.nytimes.com/2015/05/15/us/amtrak-says-it-was-just-months-away-from-installing-safety-system.html?smid=tw-nytimes&_r=0

 http://www.washingtonpost.com/news/post-nation/wp/2015/05/13/how-often-do-amtrak-trains-derail-looking-at-the-rail-agencys-history-and-what-caused-derailments/

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