Every morning since the deadly derailment of Amtrak train No. 188 in Philadelphia,
news sources run a piece on the tragic event. Whether in print, digital
media, or on television, reports and opinions continue.
Was it human error? How can a train accelerate without human influence?
Or did problems in the engine occur as a result of the train being struck
by a foreign object?
Experienced Newburgh personal injury attorneys know that the answers to these questions, among others, will determine
whether or not Amtrak is liable for the deaths and injuries to passengers
and employees riding on train No. 188 when it derailed.
The investigation into the accident is ongoing and more answers are sure
to be revealed. All that can be said for certainty at the moment is that
the train accelerated to twice the maximum speed limit at the time of
derailment; something appeared to have struck the engine windshield; and
the train engineer cannot remember anything prior to the accident.
News reports have also revealed that two Amtrak employees have already
sued seeking compensation for their injuries. These employees are surely
brave. Unfortunately, too many workers are injured on the job and are
too afraid to sue their employers for compensation. Why is this the case?
Two words answer that question: discrimination and retaliation.
Workers do not sue employers because they fear losing their jobs; losing
out on a promotion; getting a more difficult job assignment; or getting
a pay cut. While these fears are justified, an experienced railroad accident
attorney will fight to get injured railway workers compensation for lost
wages, lost earning potential, medical bills, rehabilitation, and pain
We know that
injured train employees can sue to receive compensation for their injuries, but can train passengers
and bystanders sue too? Yes, they all can. Railway companies have a duty
to operate their trains and maintain their property so that employees,
passengers, and bystanders are not injured in foreseeable and preventable
In practical terms, what does this mean? Trains must be operated in a reasonable
manner consistent with all laws, rules and regulations and in consideration
of the circumstances existing at the time of train operation. For example,
train operators should not speed and proper breaking should be applied.
Trains must be inspected, repaired, and maintained. Railroad platforms,
train tracks, train terminals, and employee workspaces must all be kept
in proper repair. So too must rail road crossings and warning signals.
If a railway company, or agent thereof, did something that shouldn’t
have been done, or didn’t do something that should have been done,
any person injured there from can be compensated for their injuries.
Learn more about train accidents causing serious injuries and death in
our latest article posted here. Read more about recent train crash prompting investigation after deaths
and injuries due to negligence in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.