When accidents happen, lawsuits ensue. Why? It is because accidents cause
injury to people. Injuries cost victims money. Victims might pay out of
pocket for medical expenses and rehabilitation costs. They have to pay
for pharmaceuticals. Wages can be lost when out of work recovering from
injuries. Some injuries are so severe that the victim will have to change
careers; sometimes resulting in the loss of earning potential. Injuries
that endure for the long term may require long-term care; this too will
prove to be a financial burden for many accident victims.
The recent Amtrak derailment in Philadelphia is a good example of how accidents
can be devastating to victims. The New York Times reports that Train No.
188 bound for New York from Washington D.C. was traveling at twice the
maximum speed limit when it derailed last week. Hundreds of victims were
injured and eight passengers died.
Given the speed of the train at the time of the derailment, many sources
negligence as a main cause of the derailment; the train engineer was simply operating
the train too fast. However, reports also indicate that a projectile may
have struck the train just prior to the derailment. Could this have contributed
to the derailment?
We may never know because the train engineer has stated that he cannot
recall anything about the derailment from the time immediately preceding
experienced Poughkeepsie personal injury attorneys do know is that the perpetrators of negligence can be held liable for
their wrongful acts. Amtrak as a company and rail carrier owes a duty
to their employees and their passengers, as well as bystanders, to not
do something or fail to do something that causes foreseeable and preventable injury.
Work sites must be kept safe for employees; tracks, trains, crossings,
and other Amtrak property must be used and maintained in a manner that
does not cause foreseeable and preventable injury. This includes operating
a train at or below the maximum speed limit.
Whether or not Amtrak will be liable for negligence is an issue that time
will tell. The investigation into the derailment will take a long time
Americans are no strangers to
train derailments. They freckle the history of U.S. train service. Since liability can be
so costly, Amtrak’s liability to victims has been capped at $200
million dollars total for a single train crash.
For the victims of Train No. 188, the question may not turn out to be whether
or not they are compensated, but rather, how much will they be compensated
given the damages cap. Some victims might be left with too little to cover
Learn more about train accidents causing serious injuries and death in
our latest article 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.