Archive for the ‘Westport Catastrophic Injury Attorney’ Category
New Bill Would Increase Amtrak Crash Cap Law
July 16th, 2015 at 11:31 am
In 1997, the Amtrak Reform and Accountability Act was enacted into law. This law caps the damages, which can be paid to victims who are injured or families who have lost loved ones in Amtrak train crashes, to $200 million per crash.
Debate over the law has resurfaced following the horrific Amtrak train crash which occurred in Philadelphia. On May 12th, a northbound train went flying off the track as it turned a curve. According to investigators from the National Transportation Safety Board (NTSB), in the minute right before the train derailed, its speed accelerated from 70 mph to 100 mph, even though the speed limit at the location of the crash is only 50 mph.
The engineer who was driving the train has told investigators he does not remember the moments leading up to the crash. There had been reports that the engineer was on his cell phone when the crash happened, but the NTSB recently released a statement saying their investigation has concluded that he was not using his cell phone for calls, texting, or Internet during the time he was operating the train. The agency is still trying to determine the cause of the deadly crash.
There were eight people killed in the crash and over 200 more injured. Many of the injured sustained long-term injuries, requiring millions of dollars just in medical care alone and many legal analysts predict that the amount of legal claims will far exceed the $200 million government cap.
In response to that concern, one lawmaker filed new legislation just days after the Philadelphia crash. If the bill is passed, it would raise the cap from $200 million to $500 million. In a statement announcing the filing of the bill, Florida Senator Bill Nelson pointed out that when Congress passed the Act in 1997, there was no provision to adjust the amount of the cap based on inflation and the cap is based on what costs associated with accident injuries were two decades ago.
If you have been injured in a mass transit accident, an aggressive Westport personal injury attorney can help. Call 203-226-6168 today to find out what compensation you may be entitled to for pain and loss you have sustained.
Traumatic Brain Injuries Often Trigger a Tsunami of Medical Bills
June 18th, 2015 at 11:01 am
On June 7, 2014, actor and comedian Tracy Morgan was severely injured in a devastating accident while traveling with friends in a limousine bus along the New Jersey Turnpike. One man was killed and several other passengers were injured. Morgan suffered multiple injuries, with the most critical being a traumatic brain injury (TBI). Morgan sued for damages and recently settled his case.
Aside from being physically devastating, TBIs typically result in exorbitant medical bills, including extensive rehabilitation treatments. Moreover, in cases where people have been seriously injured, a financial payout is the only option available to best serve as a form of compensation for the injuries suffered.
Morgan’s case is just one high-profile example of an unfortunate and life altering accident and injury that can happen to anyone. Several types of accidents can result in head injuries, some severe enough to cause traumatic brain injury. Advances in medical technology have opened more doors for recovery, but this process comes with a hefty price tag that is not always covered by health insurance.
The costs are greatest with injuries that require long-term treatment and a rehabilitation period. Because more doctors are regarding the body and mind as fundamentally integrated, victims of TBI may require a large team of health care workers, including specialists. Specialized care can include physical, occupational, and recreational therapists, as well as speech pathologists, neurologists, psychiatrists, vocational counselors, and social workers.
For each specialist involved, the cost for care continues to rise. Depending on the severity, an individual could potentially spend one million dollars over the course of his or her rehabilitation. This amount comes in addition to medical costs for immediate treatment following an accident such as hospitalization and surgery.
If you or a family member has suffered a traumatic brain injury or other catastrophic injury, you may be entitled to compensation. Please contact Richard H. Raphael, Attorney at Law, an experienced Westport personal injury attorney, to discuss your case today.
How Safe is the Commercial Bus You’re Riding in?
June 11th, 2015 at 1:35 pm
The summer weather has finally arrived—friends and families will now begin to plan and go on vacations and trips. Planes, trains, and automobiles are several methods of transportation chosen to get to and from a destination. An additional method of transportation, often selected because it is cost efficient, is a bus.
However, a recent accident involving a bus company has raised questions regarding just how safe these low-cost carriers are—especially because one eight year old company has had multiple accidents nationwide, resulting in hundreds of injuries and at least eight deaths. Moreover, there have been reports of bus drivers being stopped by law enforcement and arrested for drunk driving.
The Megabus fleet operates from Boston to California and includes stops in Connecticut. The latest crash occurred in Indiana, on Interstate 65, when a double-decker bus traveling from Chicago to Atlanta slammed into the back of a tractor trailer. According to law enforcement, the accident took place in a construction zone where the truck had stopped, along with the rest of the traffic. The impact of the crash sent the truck into an SUV that was stopped in front of it. Nineteen people were transported to local hospitals with injuries. This was the fourth crash by the carrier since October in the state of Indiana alone.
In 2012, a Megabus traveling through Illinois carrying 70 passengers skidded and slammed into a concrete pillar of an overpass. At least five people needed to be extricated from the bus. One victim, a 25-year-old medical student, was killed. In a New York Megabus crash which occurred in 2011, the bus smashed into a bridge. Four people on board the bus were killed. The driver of the bus was later indicted on four counts of criminally negligent homicide and one count of failing to obey a traffic control device.
The Megabus is not the only carrier to come under fire for its accident record. Fung Wah, which transported passengers between Manhattan and Boston, recently announced it will most likely be going out of business. In 2013, the company lost its federal license for numerous safety violations. Last year, however, the US Federal Motor Carrier Safety Administration reissued that license. However, Boston officials have taken away the carrier’s two gates located at South Station, which leaves Fung Wah without a Boston stop and nowhere to operate from.
Consult with a Connecticut Personal Injury Attorney
If you have been injured in a bus accident, please contact an aggressive Westport personal injury attorney to find out what legal compensation you may be entitled to for your pain and loss.