Personal injury claims against Amtrak and other rail companies are among the most difficult forms of litigation. Similar to car accidents, there are often several parties to investigate for wrongdoing. Furthermore, the injuries are often serious, necessitating quick financial assistance to cover medical expenditures.
Given their obvious failure to comply with stringent safety requirements and the recent catastrophic train disaster in Missouri that resulted in four deaths, major railway firms clearly need to improve passenger safety.
Furthermore, the frequency of train derailments and accidents has increased significantly in recent years, resulting in an increase in Amtrak claims. Several of these have resulted in significant losses.
What’s more, the frequency and severity of these occurrences call into question Amtrak’s commitment to safety. Fortunately, there are safeguards you may take after a train accident, and knowledge you should be aware of.
Common Carrier Statutes and Regulations
Railway accidents may be caused by a variety of factors. For example, the train operator might make a deadly error. He or she may be tired or inexperienced, or they might be distracted. These detours may cause railway derailments or collisions with other vehicles, trains, or people.
Defects are another possible cause of a railway accident. The rails, roadbed, or other construction might be at blame. A catastrophic mechanical or electrical failure is also possible.
Moreover, the design of the area surrounding the train’s route might be at fault. For example, there might be an issue with crossing arms, signals, or warning lights.
First, in physical damage cases, the railway corporation may have a greater duty to its passengers than other defendants. In a typical personal injury case, the defendant must act the same way a reasonably prudent person would in a similar scenario.
Despite this, some jurisdictions have imposed a greater tax on common carriers. Common carriers are public transportation providers such as buses, trolleys, taxis, and trains. In these states, the common carrier may be obligated to employ the highest degree of care to transport the client securely.
Amtrak’s History of Train Accidents and Claims
Unfortunately, a lack of safety regulations and enforcement has led to high-profile events and the deaths of innocent individuals.
Amtrak derailments have resulted in multimillion-dollar settlements, and the company has been sued many times. Amtrak has said that it would not contest liability claims for damages, including medical costs, since the train operator was accountable for the 2015 Philadelphia disaster that killed eight people.
However, federal law limits the compensation pool to $295 million. Compensation for Amtrak disaster victims was initially restricted to $200 million as a consequence of the Amtrak Reform and Accountability Act of 1997. Keep in mind that, if you’re filing a claim in Kansas City, the statute of limitations in Missouri for personal injury is five years.
Train Accident Lawyer in Kansas City
It goes without saying that a railway derailment or other kinds of catastrophe may be disastrous for everyone concerned. Tragically, victims of such incidents often have life-threatening or fatal injuries that significantly affect their lives. If a railway accident injured or killed you or a loved one, you may be able to submit a claim for compensation.
A Kansas City train accident lawyer may be able to assist you in obtaining the justice you deserve.
If a railway accident has had a substantial negative effect on your life, you should contact an attorney right once. For more information about submitting a claim, please call Peterson & Associates, P.A. in Kansas City.
If you have any questions, please contact us at 816-888-8888. Remember that our experienced, competent, and caring attorneys are available to you and your family seven days a week.
