Amtrak Faces Staggering Personal Injury Claims By Victims of Crash

(photo credit: Jim Lo Scalzo)

Amtrak, one of the largest train service providers in the United States, is facing monumental payouts resulting from the May 12 crash in Pennsylvania that left 8 dead and over 200 injured.

Congress capped payouts by Amtrak for personal injury damages 1997 at $200 million per crash, a number that would likely fail to fully compensate those who were hurt or killed by the crash. 

Investigators are still trying to determine what caused the crash. Initial reports have pointed to human error. Engineer and conductor of the train Brandon Bastion has complied with the investigation, but it has not been determined whether Bastion may have been distracted immediately before the crash.

Bastion's lawyer stated that Bastion does not remember anything right before or during the crash, only when he awoke after the incident and called 9-1-1. Initial phone records show that Bastion was not texting or on a call before the crash. Investigators have also determined that Bastion was not using the train's in house wifi at the time of the crash.

Amtrak has recently installed "Positive Train Control" technology on many of its trains operating in the Northeastern United States, but the train driven by Bastion on the day of the crash was not equipped with the new features. 

Many officials and regulators have indicated that the crash would have been avoided had the technology been implemented, but high costs of completion and other delays have prevented Amtrak from installing the Positive Train Control by the deadline imposed by Congress in 2008. It is unclear how the failure to meet this deadline will effect future personal injury claims against Amtrak relating to the May 12 crash.

The mounting pressures of missed deadlines and fatal crashes have put Amtrak and the train industry in general under the national microscope, with many calling for the $200 million-per-incident cap to be modified. Amtrak has also struggled to make a profit despite subsidies from the federal government. Congress has mandated that certain lines remain open despite relatively low traffic, which has impeded Amtrak's ability to turn a profit. 

If you are injured as a result of someone else's negligence and, you need to speak with an experienced personal injury attorney as soon as possible. Please call The Law Offices of Robert Paysinger, P.C. at (303) 279-0221 today or visit www.paysingerlaw.com for a free initial consultation - we help injured people, it's all we do!

Sources: Amtrak faces costly personal-injury claims from crash victims, No Evidence That Amtrak Engineer Used Phone During Crash, Safety Board Says

Colorado's Wild Spring Affecting Local Roads, Drivers

Tornados, Rain, & Hail Pelt the Front Range 

Thursday evening marked another day of severe weather along Colorado's Front Range, with Friday forecasts calling for more of the same. 

Tornadoes touched town in at least two separate parts of the state late Thursday, damaging at least 25 homes. Several houses near the towns of Mead and Simla were damaged severely. No immediate injuries had been reported.

The first tornado was spotted just after 5:15 p.m. near Simla. The second appeared just after 7 p.m. east of Lyons moving approximately 15 mph to the West, according to the National Weather Service. 

Roads in the area were also adversely affected, as trees were uprooted and hail fell extensively. 

Meanwhile Friday, local forecasters are projecting more rain and precipitation, which has resulted in the National Weather service issuing a flash flood watch in several Metro Area and Front Range counties, including Denver, Jefferson, and Larimer through 10 p.m. Friday evening.

The Friday storms are capable of producing up to 1-2 inches of rain in one hour, which could cause flooding problems due to over-saturated soils and overflowing rivers, streams, and reservoirs. 

Drivers should be cautious of standing or running water, as many vehicles can be swept away by as little as 12 inches of water. If driving through water is the only option, Drivers should drive slowly and attempt to estimate the depth of the pool or current. An emergency kit (including food, water, and flashlights) should be taken when driving while a flash flood watch is in place.

The hazardous weather in Denver area was also partially responsible for generating a large sinkhole in Sheridan, which swallowed a police SUV and injured an officer. The sinkhole has resulted in Oxford Avenue being closed between Santa Fe Drive and Clay Street. 

A police news release stated "As the sergeant entered the intersection, the road gave way due to a massive sinkhole," police said in a news release. "The road collapsed around the police car and the car ended up in a hole." The officer sustained minor injuries. 

Here are some additional tips provided by ready.gov:

Tips from ready.gov

Before:

• Build an emergency kit and make a family communications plan.
• Elevate the furnace, water heater and electric panel in your home if you live in an area that has a high flood risk.
• Consider installing "check valves" to prevent flood water from backing up into the drains of your home.
• If feasible, construct barriers to stop floodwater from entering the building and seal walls in basements with waterproofing compounds.
• More:
• What to do before a flood.

During:

• Be aware that flash flooding can occur. If there is any possibility of a flash flood, move immediately to higher ground. Do not wait for instructions to move.
• If you must prepare to evacuate, you should do the following:
  • Turn off utilities at the main switches or valves if instructed to do so. Disconnect electrical appliances. Do not touch electrical equipment if you are wet or standing in water.
  • Secure your home. If you have time, bring in outdoor furniture. Move essential items to an upper floor.
• Be aware of stream, drainage channels, canyons and other areas known to flood suddenly. Flash floods can occur in these areas with or without typical warnings such as rain clouds or heavy rain.
• If you have to leave your home, remember these evacuation tips:
  • Do not walk through moving water. Six inches of moving water can make you fall. If you have to walk in water, walk where the water is not moving. Use a stick to check the firmness of the ground in front of you.
  • Do not drive into flooded areas. If floodwaters rise around your car, abandon the car and move to higher ground if you can do so safely. You and the vehicle can be swept away quickly.
  • Do not camp or park your vehicle along streams, rivers or creeks, particularly during threatening conditions.

If you are injured in a car accident due to someone else's negligence, you need to speak with an experienced personal injury attorney as soon as possible. Contact The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 or at www.paysingerlaw.com for a free consultation. We Help Injured People - it's all we do!

Sources: National Weather Service Denver, Tornadoes Hit Berthoud, Simla, Homes Damaged

Tracy Morgan, Walmart, Reach Settlment

(Morgan's limousine after the crash/Photo Credit: New York Post)

Actor Tracy Morgan, who was seriously injured a year ago when a Walmart semi truck collided with his limousine, has reached a settlement with Walmart.

Morgan appeared in public for the first time since his accident on the "Today" show Monday, giving insight into the accident and his life in an emotional interview.

The actor assured the audience that he will return to comedy when the time is right, but noted that he is still far from being 100% and is concentrating on healing before he returns to his profession

Morgan, who still sports a cane as a result of his injuries from the accident, appeared to be especially emotional when discussing his former friend and mentor James (Jimmy Mack) McNair, who was also in the vehicle and was killed as a result of the crash. "Bones heal. The loss of my friend will never heal," Morgan said of McNair.

The accident spurred several settlements, including one reportedly worth $10 million for McNair's family. Morgan has since settled separately for an undisclosed amount.

Morgan was thankful of Walmart, who he said took full responsibility for the incident. "I'm just happy that they looked out from Jimmy Mack's family. He can rest in peace now. In the beginning, there was a misunderstanding, but that got squared away. They came through in the clutch." Morgan said.

The accident left Morgan comatose and with several broken bones and traumatic brain injury. He says he does not remember the crash. The driver of the Walmart vehicle had been driving for more than 24 hours and was traveling over 20 mph over the posted speed limit.

Source: Tracy Morgan crash prompts scrutiny of trucker safety rules, After Settlement, Tearful Tracy Morgan Thanks Wal-Mart for ‘Stepping Up’ After Crash That Left Him in Coma