Amtrak Crash Leads to Multiple Lawsuits
The Amtrak crash just outside of Philadelphia on May 12 killed eight passengers and injured 200 others. The incident is considered one of the worst train crashes in American history. Traveling more than twice the speed limit at 106 mph, the train derailed at 9:21 p.m.
So far, two crew members and four passengers have filed lawsuits against Amtrak. The four passengers filed a federal lawsuit, requesting Amtrak pay for medical bills and lost wages. One of the passengers has undergone several surgeries to halt her arm from being amputated. Another crew member described a brain injury that occurred due to the crash.
One of the crew members, Emilio Fonseca, was operating the train at the time of the crash. He filed a civil complaint against the company, arguing he suffered “serious and permanent personal injuries” and should receive compensation under the Federal Employer’s Liability Act.
In order to avoid bankruptcy, in 1997 Congress set a $200 million limit to compensation Amtrak can be held liable for. The mental and physical injuries of passengers and crew members were significant, but the limit will lessen compensation that can be rewarded to each victim of the accident.
The Federal Employers Liability Act
The FELA is a federal law that is specific to railroad workers. The act was created in 1908 to protect railroad workers by compensating them for injuries sustained while on the job. Workers are rewarded compensation only if they can prove the railroad company was at least partly responsible for injuries suffered.
FELA is similar to workers compensation, but FELA is a fault based system. Workers must prove the injury was caused by negligence of a railroad employee, its agent or contractor, or from a faulty piece of equipment. Also in contrast to worker compensation plaintiffs, railroad workers may sue in a state or federal court for damages if proof of liability of the railroad company exists.
Investigators are still trying to determine the cause of the Amtrack accident. Time will tell whether the train’s engineer, Brandon Bostian, a mechanical issue, or an outside source will be held responsible for the crash.