Lawsuits Filed After Fatal Amtrak Train Derailment
BALTIMORE (WJZ) -- Lawsuits from the Amtrak train derailment continue to pour into state and federal courts. Those suits aim to hold the company liable for the damages and injuries that occurred when the train flew off the tracks just north of the Philadelphia train station.
Derek Valcourt explains it's not just passengers taking Amtrak to court.
Even the train's conductor and an Amtrak dispatcher are suing. They both say the company they work for should have done more to ensure public safety.
When Amtrak Train 188 derailed last week just north of Philadelphia, it killed eight people---among them, New York College professor Dr. Derrick Griffith, who left behind his heartbroken son, Darryus.
"I never told him this but he's always everything I wanted to be," Darryus Griffith said.
With his attorney at his side, Griffith said he intends to sue Amtrak.
"There's no amount of money that will ever compensate this family for that loss," said Steven Schwartzapfel, the family's attorney.
Lawsuits have already been filed by some of the more than 200 people injured in the crash, people like Felicidad Iban, who almost had to have her arm amputated, and Daniel Armyn, whose ribs, teeth and knee were shattered.
"The conduct here by the engineer is both unfathomable and unconscionable," said attorney Tom Kline.
Attorneys who filed some of the first suits blame the train's engineer, Brandon Bostian, for the fact that the train was speeding in excess of 100 miles per hour at the time of the crash---more than twice the posted speed limit. Bostian has cooperated with investigators, but says he does not remember the crash.
"It always raises red flags when someone who's been involved in an accident going too fast has a sudden claim of no memory," said attorney Robert Mongeluzzi.
Also filing suit: Train 188's conductor, who's still in critical condition with a broken back, broken neck, two broken shoulders and serious head trauma. Conductors help manage the train, but don't drive it. His lawsuit faults Amtrak for failing to install automatic brake control technology on the dangerous curve.
A 1997 law places the cap on payouts in Amtrak accidents at $200 million. There is an effort underway in Congress right now as a result of this accident to raise that cap to half a billion dollars.
Philadelphia's district attorney says they are awaiting the findings of the federal investigation before deciding if they will launch a criminal investigation into the derailment.