The AMTRAK derailment on Tuesday night was one of eleven train accidents to occur in the United States this year alone. Seems like quite a few, and it is. Sadly, most of these are kept out of the eye of the media, even though 25 people have perished and another 250 (at least) suffered injuries. Why the lack of exposure? My best guess: AMTRAK — like many other transportation companies in the United States — is funded the government and controlled by Congress, meaning these entities will also be the ones paying for the damages. When exposure is minimized, pressure from the public is as well, which in turns allows the responsible party to sweep the problem under the rug. The helpless victims from Tuesday, many of whom are still undergoing care in local hospitals, are being swept under the rug.
Congress responded to Tuesday’s tragedy with the controversial decision to decrease AMTRAK funding. Yup, no typo there. The measure was passed on Wednesday by a vote of 30-21 to decrease funding by $252 million. Preliminary reports from the crash show the possibility of operator error because the engineer was allowing the train to go over twice the prescribed speed limit on a turn. However, the real problem is systemic; placing the lives of thousands into the hands of one is simply irresponsible. Either a second engineer/conductor, or an automated system of braking is needed to avoid future train crashes.
In fact, this summated system does exist and is mandated to be in place by the end of 2015, although many AMTRAK representatives are attempting to push the due date back even further. Bloomberg describes these “positive train control systems” as having the ability to track velocity and stop train crashes before they occur. A representative from the National Safety Council said the technology is mandated. Delaying it is flat out costing more lives, like those 8 taken on Tuesday in Philadelphia.
Judge Andrew Napolitano from Fox News explained that although citizens cannot typically sue the government for injury, AMTRAK is the exception. Victims can sue AMTRAK for damages and injuries, and have the added benefit that AMTRAK will always be assumed negligent. Of course, there’s bad news: the transportation giant’s liability is capped at $200 million. That may seem large at first, but it is not so in reality because it includes property damage. Spread out among the 243 victims, the money will go fast and be spread very thin. Undoubtedly leaving many to suffer in the hands of recovery and debt.
Were you or someone you know affected by a train accident? Don’t let The Man sweep you under the rug. Call the train accident attorneys at Baizer Kolar P.C. to get help defending your rights now. You and your loved ones deserve to be compensated for your losses, injuries and damages to the full extent of the law.
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