CHICAGO — A Chicago law firm has filed four more lawsuits on behalf of passengers who were on board Amtrak’s Empire Builder when it derailed Sept. 25 in Joplin, Mont., killing three people.
The new suits — involving Saint Matthew (Matt) Johnson, 40, of Seattle; Stuart and Karen Dixon, 60 and 57, of Berwyn, Pa.; and Justin Ruddell, 40, of Klamath Falls, Ore. — bring to 11 the number of suits filed by the Clifford Law Offices, the firm said in a press release. The suits against Amtrak and BNSF Railway are for injuries and severe psychological and emotional trauma.
The firm also held a Thursday press conference in which Ruddell spoke of his experiences during the derailment. It has previously said it will seek to overturn the arbitration clause contained in Amtrak tickets.
Sun Kink?
I am curious what the cause is determined to be. Here is what little we know.
1. The train was operating within the speed limit.
2. The track had been inspected 2 days (I think) before the accident.
3. A freight train had passed the area without incident shortly before the accident.
4. The derailment happened before reaching the siding switch on a slight curve.
We will see.
LANDON – I’d be curious where you found the above info points 1,2,3,4. I’ve not seen it before your post. I’d like to read the entire article(s) if you could inform us where to look.
Thanks, C.N.L.
All Landons points are correct Charles, I also read these, and in the case of point 4, there is an excellent aerial shot of three of the cars laying on their sides I’m guessing 200 to 300 feet before the siding switch.
Link to aerial view;
https://www.hastingstribune.com/investigators-probe-deadly-amtrak-derailment-in-montana/article_e10fb13c-1f2d-11ec-8063-d340149e5a22.html
All the suits going through Clifford so far? Looks like they were just waiting for any train accident, freight or passenger, to happen. Through as much at the wall without knowing the root cause and see what sticks before a Judge.
I am not an attorney, but I think it is likely that BNSF’s contract with Amtrak requires Amtrak to take all the liability. These people are naming everyone who thinks they can get money from but I think it is Amtrak that will pay. If someone knows otherwise I am open for correction.
The government has the money to build a national network of passenger RRs? They really don’t have money. They only have credit and that will end when investors get more skittish as the debt continues to rise.
Amtrak’s safety record is actually pretty good. While it doesn’t match the airlines, it is still far safer than driving. I will not hesitate to take Amtrak when I have the opportunity.
Right on both counts. Amtrak Hiawatha’s glass-smooth ride connecting in Chicago to BNSF METRA is infinitely less scary than the I-294 Tollway. In my case literally, I was in a near accident on the Tollway that I didn’t think my wife and I would survive were it to happen… but nothing did happen and we continued on our way.
On the other count, Amtrak not as safe as air transport. Three deaths in one Amtrak crash in Montana is one more than Southwest Airlines in its entire history. This counting SWA’s killing of a person on the ground at Chicago Midway Airport.
Yet Amtrak is safer than driving through Montana that recorded 175 highway deaths so far this year.
https://www.mdt.mt.gov/visionzero/
BNSF and all the other Amtrak landlords have absolute immunity, per their contracts with Amtrak, for all personal and property damages which may accrue, even if from the freight railroad’s own negligence. Witness the Silver Star switch run-through a few years ago – Amtrak pays, despite no question of CSX responsibility. Charles, you keep whistling past the graveyard on airline safety, and I hope your song continues, but you know that a real disaster could happen at any time, for example with the Boeing Max planes. Life has its dangers, For example, whenever we drive a car.
With these awsuits, doesn’t BNSF have ample cause to serve notice to Amtrak for its immediate and permanent eviction from rights-of-way? Let Amtrak build its own railroad. The government certainly has enough money to do it. Given Amtrak’s safety and litigation history, it appears that Amtrak’s tennancy on BNSF is a liability to the railway. As a lifelong railfan, I like passenger trains. But, enough is enough. If the government wants passenger trains on freight railroads, legally protect the railroads. Even worse have been the calls from those outside the industry to require airliner-like “safety” like seatbelts,”Car Attendants”, and more. In its purest form as a business, all that a railroad is can best be described as an industrial conveyor belt. It transports materials and products from point A to point B. You don’t have people sitting around operating machinery in a chemical or manufacturing plant. Thus, passenger service and freight service are incompatible.