(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
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