Eisenberg Rothweiler Files Lawsuit for Couple Injured in the Amtrak Train Derailment

Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. have filed a lawsuit in federal court against Amtrak and the train engineer on behalf of their clients, who were severely injured in the Amtrak 188 regional train derailment. Newlyweds Declan MacFarland and his wife Kathryn Varnum were looking to start their life together in New York when the boarded Amtrak train 188 in Virginia. Tragically the train derailed around a curve in the Port Richmond section of Philadelphia injuring more than 200 passengers. “Amtrak has known about this dangerous turn for decades. 79 people have already been killed there in the past,” commented partner Fredric Eisenberg. “If Amtrak had chosen to do the right thing, to take the proper safety precautions, then this tragedy could have been prevented. We are going to do everything in our power to see that Amtrak is held accountable for its negligent and reckless actions, and that this never happens again.”

A tragic accident occurred the night of May 12, 2015 in Philadelphia as Amtrak Train 188 derailed with 238 passengers and 5 crew members onboard. The train was traveling from Washington DC to New York when it derailed at a curve in the Port Richmond section of the city. Eight people lost their lives in the train accident and more than 200 were rushed to area hospitals with injuries, some severe in nature. “Our thoughts and prayers go out to the victims and families of those injured in the Amtrak train derailment”, said Eisenberg Rothweiler senior partner Stewart Eisenberg.

EISENBERG, ROTHWEILER INVESTIGATING TRAGIC AMTRAK TRAIN DERAILMENT

The National Transportation Safety Board (NTSB) has released its first report of its investigation in this deadly crash. The report is preliminary and may change as the investigation continues but the Board has confirmed the train was traveling 106 mph and the emergency brakes were applied seconds before derailment. The report has also established that the conductor of the train was using his cell phone that day but has not yet determined if he was using it at the time of the crash. The issue of damage to the windshield and other windows of the train is still under investigation and this report does not confirm or deny that the damage was caused by vandals throwing rocks or the derailment itself. Attorneys at our firm will continue to monitor the investigation of the NTSB and other agencies and seek justice for those who were injured.

In an article from the Philadelphia Inquirer, Eisenberg Rothweiler partner Nancy J. Winkler was asked about the ramifications of the Amtrak Reform and Accountability Act that limits the amount of damages the government can award to victims and replied, “You can assume almost everyone suffered some kind of injury, when you have someone who is alive and needs ongoing medical care for the rest of their life, the cost can be $15 million or $20 million or more.”

Eisenberg Rothweiler has achieved record setting verdicts and settlements for clients involved in mass transit accidents such as a multi-million dollar settlement for victims of an Amtrak train crash, $8.5 million against the City of New York for a van accident carrying students from a New York High School, and over $5 million for a mass transit worker who received a severe electric shock while working on catenary wires above an Amtrak train line.

If you or a loved one has been injured in a train accident or bus crash, the attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can help you explore your legal options. We have significant experience handling bus and train accident lawsuits for clients throughout Pennsylvania, New York, New Jersey and nationwide.

Contact us today at 215-774-3230 to speak with an experienced mass transit accident lawyer.

PROTECTING THE RIGHTS OF ACCIDENT VICTIMS

Public transportation companies whose drivers cause accidents are required to pay for medical bills, lost wages, pain and suffering, and additional losses of accident victims. When a significant number of people suffer catastrophic injuries, it is important to be able to identify all responsible parties in case the insurance coverage is not sufficient for all the accident victims. In the case of mass transit owned by local governments, you may face additional issues: notification requirements and a cap on damages.

To protect your interests, you should contact an attorney early in the process rather than later. Bad things can happen if you wait too long. Crucial evidence can disappear, notification requirements can be missed, statutes of limitations can pass, and insurance policies can be exhausted.

A mass transit accident can be a traumatic and chaotic experience. Knowing what not to do can be just as important as knowing what to do. We urge you not to make any statements to an insurance company representative about your injuries without first consulting with an experienced personal injury attorney. We have successfully handled numerous public transportation accident cases and can handle all the legal details on your behalf.

CALL OUR ACCIDENT ATTORNEYS TODAY FOR A FREE CONSULTATION

Contact us today to speak with our Philadelphia New York, or New Jersey attorneys representing injured victims of mass transit accidents. We offer free initial consultations and handle cases on a contingency fee basis. You won’t have to pay us unless we get results for you.