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First Train Accident Lawsuit is Filed in Amtrak Train Derailment That Killed Eight, Injured Over 200

An Amtrak employee is the first to sue the company for personal injury over the deadly train derailment accident that injured more than 200 people and killed eight others on Tuesday in Philadelphia. The plaintiffs are employee Bruce Phillips and his wife Kalita Phillips.

At the time of the train accident Phillips was “deadheading” in a rear car of Amtrak Regional Train 188. Deadheading is when an off-duty crewmember rides the train at no charge.

The train crash lawsuit claims that Phillips, who was thrown inside the train car during the derailment, sustained permanent and serious injuries, including brain trauma, neurological and orthopedic health issues, lacerations, contusions, and emotional trauma. The couple also wants compensation for his loss of earning power and medical bills.

Passengers riding in the front trains were the ones who sustained the most serious injuries. More train accident lawsuits are expected.

According to the National Transportation Safety Board, a minute before derailing at a sharp bend the Amtrak train sped up to 106 mph as it was heading into a 50 mph section. Investigators are also looking at whether the train, prior to the derailment, was struck by an object.

National Transportation Safety Board member Robert Sumwalt reports that one of the three conductors on the train said she heard Amtrak engineer Brandon Bostian talking about how a windshield had been broken and may have been hit by a rock or shot at. Bostian was among those that sustained injuries, including a concussion, during the train derailment.

The train accident happened at almost the same spot where another train derailed in 1943 when 79 passengers died and 117 were hurt in that incident.

There is a lot to figure out if you or someone you love was injured in a train accident. In Massachusetts, our Boston train crash lawyers work with victims and their families to obtain the personal injury and wrongful death recovery they are owed.

Working with an experienced attorney can increase the chance of you getting all of the compensation to which you are entitled. Large train passenger service companies are equipped to combat litigation, which is why this is not the type of case you want to pursue without legal representation.

According to CNN, Amtrak’s cap on liability per crash is $200 million, which means victims and their families might get less than they would otherwise because the company technically is not required to pay victims compensation over that amount. This is another reason getting legal help is important. With potentially even less financial recovery on the table, you want to make sure you file your claim correctly and that you have lawyers advocating on your behalf.

Massachusetts MBTA Accident Lawyers
Altman & Altman LLP also represent clients in MBTA accident lawsuits involving the Massachusetts Bay Transportation Authority’s entire transport system, including commuter rail, subway, trains, busses, and ferries. We have successfully represented clients in hundreds of MBTA injury cases. We also handle premises liability cases involving injuries on MBTA premises, including subways, bus stops, and other properties.

First lawsuit filed amid Amtrak crash, The Boston Globe, May 14, 2015

Payout to Amtrak victims is limited, here’s why, CNN, May 14, 2015

More Blog Posts:

MBTA Subway Trolleys Collide in Dorchester, Passengers Injured, Boston Injury Lawyer Blog, November 26, 2014

Woman Fatally Struck by Red Line train in Boston at Downtown Crossing, Boston Injury Lawyer Blog, November 7, 2014

Braintree, MA train accident injures one, Boston Car Accident Lawyer Blog, February 6, 2015