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FELA Attorneys For Derailed Amtrak Train In Philadelphia

For The Injured Worker is reaching out to injured employees of the Philadelphia Amtrak  train accident. As an employee iof the railroad industry you have  coverage for injuries sustained as an Amtrak employee.  We have learned that the crash occurred on a stretch of the Northeast Corridor — the Washington, D.C.-to-Boston business and commuter route — that did not have a signal. Because the train had already passed Philadelphia en route to New York,  it was likely that most passengers were either from Washington, New Jersey, or New York.
 

PHILADELPHIA (AP) — The Amtrak train that crashed in Philadelphia, killing at least seven people, was hurtling at 106 mph before it ran off the rails along a sharp curve where the speed limit drops to just 50 mph, federal investigators said Wednesday.

The engineer applied the emergency brakes moments before the crash but slowed the train to only 102 mph by the time the locomotive's black box stopped recording data, said Robert Sumwalt, of the National Transportation Safety Board. The speed limit just before the bend is 80 mph, he said.

The engineer, whose name was not released, refused to give a statement to law enforcement and left a police precinct with a lawyer, police said. Sumwalt said federal accident investigators want to talk to him but will give him a day or two to recover from the shock of the accident.

Mayor Michael Nutter said there was "no way in the world" the engineer should have been going that fast into the curve.

"Clearly he was reckless and irresponsible in his actions," Nutter told CNN. "I don't know what was going on with him, I don't know what was going on in the cab, but there's really no excuse that could be offered."

More than 200 people aboard the Washington-to-New York train were injured in the wreck, which happened in a decayed industrial neighborhood not far from the Delaware River just before 9:30 p.m. Tuesday. Passengers crawled out the windows of the torn and toppled rail cars in the darkness and emerged dazed and bloody, many of them with broken bones and burns.
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Deadly Amtrak train derailment in Philadelphia
Emergency personnel work at the scene of a deadly train derailment, Wednesday, May 13, 2015, in Phil …

It was the nation's deadliest train accident in nearly seven years.

Amtrak suspended all service until further notice along the Philadelphia-to-New York stretch of the nation's busiest rail corridor as investigators examined the wreckage and the tracks and gathered evidence. The shutdown snarled the commute and forced thousands of people to find other ways to reach their destinations.

The dead included an Associated Press employee, a midshipman at the U.S. Naval Academy, a Wells Fargo executive and a CEO of an educational startup. At least 10 people remained hospitalized in critical condition.

Nutter said some people were unaccounted for but cautioned that some passengers listed on the Amtrak manifest might not have boarded the train, while others might not have checked in with authorities."We will not cease our efforts until we go through every vehicle," the mayor said.

He said rescuers expanded the search area and were using dogs to look for victims in case someone was thrown from the wreckage.

The NTSB finding about the train's speed corroborated an AP analysis done earlier in the day of surveillance video from a spot along the tracks. The AP concluded from the footage that the train was speeding at approximately 107 mph moments before it entered the curve.

Despite pressure from Congress and safety regulators, Amtrak had not installed along that section of track Positive Train Control, a technology that uses GPS, wireless radio and computers to prevent trains from going over the speed limit. Most of Amtrak's Northeast Corridor is equipped with Positive Train Control.

Amtrak carries 11.6 million passengers a year along its busy Northeast Corridor, which runs between Washington and Boston.

 Your Right Under FELA

The Federal Employers Liability Act (FELA) protects and compensates railroad workers injured on the job, if the worker can prove that the railroad was at least partly legally negligent in causing the injury.

To receive benefits under FELA, the injured railroad worker must prove that the injury was caused in whole or in part by the negligence of a railroad employee, its agent or contractor, or from a faulty piece of equipment. However, if the worker is not found to be 100% at fault, he has the right to sue for damages in either a state or federal court, which is not an option for workers’ compensation claimants.

If you are a railroad employee and have been injured in this castastrophic event contact For The Injured Worker and get connected to an experienced FELA attorney.

A  Safety System Might Have Prevented the Accident

The derailment area was not yet equipped with a safety system called positive train control that is designed to keep trains below maximum speed. Congress has mandated that all rail lines have the system by year’s end. Amtrak has installed it on three sections of the Northeast Corridor. “Based on what we know, had such a system been installed in this section of track, this accident would not have occurred,” said Robert Sumwalt, a member of the National Transportation Safety Board.
 

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