LAKELAND, Fla. — A national injury law firm has filed suit against three trucking companies and a driver over the collision that derailed an Amtrak train July 14 in Lakeland, sending eight people to the hospital for treatment of injuries.
WFLA-TV reports the suit was filed against Lastre Auto Transport, M&L Auto Transport, and Betan Auto Transport, the companies whose vehicles were being transported by a truck struck by the Silver Star at a grade crossing, derailing the train’s lead locomotive.
The suit says the driver did not operate his truck in a “reasonably safe manner” and that the companies failed to properly vet the driver before hiring or should have known he was “likely to operate the truck in a negligent manner.”
Attorneys for the firm Morgan & Morgan said the “catastrophic derailment caused by the alleged negligence of the driver not only injured dozens of people but also disrupted train service for thousands of customers and caused massive delays.” The suit lists 14 plaintiffs seeking monetary damages in excess of $50,000.
Some 163 passengers and 10 crew members were on board when the train struck the truck. The Silver Star was reportedly traveling 78 mph at the time of the collision [see “Silver Star locomotive derails …,” Trains News Wire, July 14, 2023].
WSTP-TV reports authorities reported truck driver Walberto Carrazano Bermudez and passenger Jose Luis Lahera Vidal both jumped out of the truck after it became stuck on the grade crossing and before it was struck by the train.
I saw the remains of the train on a YT video. One car in particular will become a parts donor. The rest of it will keep Beech Grove busy for months.
Damages in excess of $50k is just legal boilerplate in the initial pleading that tells the legal system which court division the case gets assigned. (If case goes to jury trial, attorneys are likely to ask for much more from the jury depending on the injuries and damages involved).
It’s great to be a lawyer these days or even own one or work for one. With all these cases and litigation going on not to mention the courts being clogged up with so many cases that can be settled out of court or simply a out of court settlement, its a win-win situation for lawyers no matter what side they are on. They get a big payoff and of course can afford to have fancy offices and employ hundreds of people all who do very nicely in pay and benefits. Morgan and Morgan is on TV around the clock with their ads and their chief spokesperson “Ms More” who is making a name for herself with possible stardom. This is a case of what you might call an “ambulance chaser” where lawyers follow every accident to make money and a name for themselves. Who exactly are the plantiffs in this lawsuit? Is it any of the injured passengers or a crew member or even possible the City of Lakeland, Amtrak or even CSX who owns the track . Any of these can sue for damages to equipment,and right of way or loss of revenue due to a shutdown and suspension of service while cleanup recovery continued .
A case where only the lawyers and Morgan and Morgan are going to reap a big payday for themselves and their attorneys
Joseph C. Markfelder
It’s almost as lucrative as a doctor or hospital with expertise in Medicare coding.
So if I hire a mechanic to repair my car exhaust system his employer can sue me if he punctures my gas tank and burns down the garage?
No, you can sue his employer for burning down your car.
Morgan & Morgan is the largest personal injury law firm in Florida, with offices on almost every street corner. More locations than Daily’s.
“…damages in excess of $50,000.” That’s a low-figure for Morgan. They usually only take cases worth “millions.” Perhaps Morgan sees a “payday” somewhere.
Anyway, truck driver probably operated on an “unauthorized” or “undesignated route” and perhaps bottomed-out at crossing? Glad to see trucking firm being held accountable for personal injuries.
Arttorneys love to file suit on trucking companies since they carry large insurance limits. And, they will claim everything in the world and sue many who really have no connection with wrong doing. Our tort system stinks.
This suit gives the legal community a black eye. The derailment was NOT “catastrophic.” Dozens of people were not injured. I am curious as to how there are more plaintiffs than there were people injured.
Further, did the defendants actually choose/hire the driver, or was it the vehicle owner? And, did all three defendants talk together to hire the driver, or was he hired by only one or even a third party? Finally, how did the law firms so quickly come up with the idea that the driver was bad he shouldn’t have been hired in t he first place?
This is the legal doctrine of “respondeat superior.” A principal is responsible for the acts of his agents. We are not even told who owned the truck that actually caused the collision, unless it was the driver himself, a named defendant.