Injured victims (and their family members) of the Amtrak derailment in Philadelphia have filed two lawsuits in the wake of the deadly train accident that left eight dead and more than 200 others injured. Four passengers, along with their spouses, have filed a lawsuit together and one Amtrak employee, along with his spouse, has filed a lawsuit against Amtrak. On Monday night, Amtrak Northeast Regional Train #188 was traveling from Washington, D.C. to New York when it went off the tracks outside of Philadelphia.
Reports indicate excessive speed was the major factor in the derailment. The train was estimated to be traveling as fast as 106 mph as it approached the Frankford Junction in the Philadelphia neighborhood of Port Richmond. The train’s conductor, Brandon Bostian, survived the accident but claims no recollection of the events as he sustained a concussion.
The Amtrak derailment lawsuit filed by the passengers and their spouses alleges negligence and claims damages for loss of consortium. The passenger’s suit also seeks punitive damages for a count of outrageous conduct as they allege the train was traveling twice the legal limit when it derailed as it approached the Frankford Junction. Among the 27 allegations in the charge of negligence, the plaintiffs allege negligence in hiring the conductor operating the train, failure to properly inspect the train and its tracks, and failure to follow federal laws governing rail safety.
According to the lawsuit, one of the passengers, Felicidad Redondo Iban, required several surgeries to save her arm from amputation. The other passengers in the suit all allege they sustained major injuries. Federal law puts a cap on the total amount of damages which may be paid out at $200 million. Legal analysts speculate this will not be sufficient to the claims arising from the Philadelphia train accident. Accordingly, injured victims and family members of the victims are encouraged to seek legal counsel at their earliest possible convenience in order to preserve their rights.
An Amtrak employee onboard Train 188, along with his spouse, have filed their own lawsuit against Amtrak. Bruce Phillips alleges he sustained a traumatic brain injury, multiple contusions and lacerations, orthopedic injuries, and other neurological injuries.
Phillips and his wife are seeking $150,000 in damages. Their suit alleges violations of the Federal Employer's Liability Act, damages under Pennsylvania common law, claims loss of consortium, and punitive damages.
The Cochran Firm, D.C. does not represent any of the plaintiffs in the above-referenced legal actions. Our team of attorneys are actively investigating claims arising from the Philadelphia Amtrak derailment and are offering free consultations to victims and family members of the train accident. Because we have law offices in Washington, D.C., Philadelphia, and New York City, The Cochran Firm is uniquely situated to provide comprehensive, robust legal representation to victims of the May 12, 2015, Amtrak train derailment. Because there is a cap on damages and the statute of limitations applies, please contact our team of experienced and accomplished attorneys at your earliest convenience.