Archive for the ‘Amtrak Crash Cap law’ tag

New Bill Would Increase Amtrak Crash Cap Law

July 16th, 2015 at 11:31 am

mass transit accident,  Westport Personal Injury Attorney, Amtrak Crash Cap LawIn 1997, the Amtrak Reform and Accountability Act was enacted into law. This law caps the damages, which can be paid to victims who are injured or families who have lost loved ones in Amtrak train crashes, to $200 million per crash.

Debate over the law has resurfaced following the horrific Amtrak train crash which occurred in Philadelphia. On May 12th, a northbound train went flying off the track as it turned a curve. According to investigators from the National Transportation Safety Board (NTSB), in the minute right before the train derailed, its speed accelerated from 70 mph to 100 mph, even though the speed limit at the location of the crash is only 50 mph.

The engineer who was driving the train has told investigators he does not remember the moments leading up to the crash. There had been reports that the engineer was on his cell phone when the crash happened, but the NTSB recently released a statement saying their investigation has concluded that he was not using his cell phone for calls, texting, or Internet during the time he was operating the train. The agency is still trying to determine the cause of the deadly crash.

There were eight people killed in the crash and over 200 more injured. Many of the injured sustained long-term injuries, requiring millions of dollars just in medical care alone and many legal analysts predict that the amount of legal claims will far exceed the $200 million government cap.

In response to that concern, one lawmaker filed new legislation just days after the Philadelphia crash. If the bill is passed, it would raise the cap from $200 million to $500 million. In a statement announcing the filing of the bill, Florida Senator Bill Nelson pointed out that when Congress passed the Act in 1997, there was no provision to adjust the amount of the cap based on inflation and the cap is based on what costs associated with accident injuries were two decades ago.

If you have been injured in a mass transit accident, an aggressive Westport personal injury attorney can help. Call 203-226-6168 today to find out what compensation you may be entitled to for pain and loss you have sustained.

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