As the National Transportation Safety Board (NTSB) conducts an intensive investigation into the cause of the Amtrak 188 derailment and crash, the personal injury lawsuits against Amtrak are beginning to trickle in. One train conductor and four passengers, all of whom sustained major injuries, have filed a federal lawsuit. The families of the eight passengers killed in the crash have not filed wrongful death suits as of yet, notes Personal Injury experts Berkowitz and Hanna LLC.
On May 12th, 2015, Amtrak Train No. 188 was traveling from Washington to New York at twice the 50 mph speed limit when it entered a sharp curve and derailed, just north of Philadelphia. Of the 243 crew and passengers on board, eight were killed and more than 200 were injured. One of the train conductors, Emilio Fonesca, has filed a lawsuit against Amtrak, charging the company with negligence and carelessness. Still hospitalized for sustaining broken bones and trauma, Fonesca is seeking unspecified damages. Four passengers have also filed a lawsuit against Amtrak, accusing the transportation giant, as well as train engineer Brandon Bostian, of negligence and recklessness. The four passengers major injuries. They are suing for unspecified damages.
Although Federal Law prohibits Amtrak from exceeding the $200M payout cap to all victims of a single crash, notes the firm, this may be insufficient, given the extent of the costs for the personal injuries and deaths caused by this crash. The firm will keep updating this story.
Note: We did not represent any of the parties in this case.
Photo via Wikimedia Commons
Berkowitz Hanna
