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 12^th, 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.

On May 17, 2013, at 6:10 p.m., a commuter train that had departed from Grand Central Station, and was heading for New Haven, derailed in the Bridgeport area. As the train derailed off the tracks, it smashed into another commuter train that was heading in the opposite direction. There were approximately 250 passengers in each of the trains. Over 70 people were injured, several of them critically injured.

The National Transportation Safety Board (NTSB) later determined that the cause of the accident was an “undetected broken pair of compromise joint bars” on the track due to the following:

• There was a lack of regular maintenance program to the tracks. This lack of maintenance program meant no priority of inspections to equipment in order to ensure needed repairs performed right away;
• There were no federal regulations in place which required heavily traveled commuter rail companies to perform mandatory inspections; and
• The railroad company made the decision to postpone any regular track maintenance and repairs.

For each victim who was injured in the train crash, the statute of limitations is quickly approaching to file claims against those parties who were determined responsible for the crash. A statue of limitation is the amount of time the law allows victims to pursue legal options against those responsible for those injuries.

In Connecticut, state law says that a victim can only bring forth a claim within two years of the date of the incident which caused the injury. This applies to cases where an incident was caused by “negligence or wanton misconduct.” The statute also applies to injuries which arise through medical malpractice cases.

Another Connecticut law addresses the statute of limitations for wrongful death claims. Just like personal injury lawsuits, claims need to be filed within two years of the victim’s death.

Consult with a Connecticut Personal Injury Attorney Today

The law does make some exceptions to these two year statutes, and a skilled attorney will be well-versed on those exceptions. If you or a loved one has been injured in catastrophic accident, contact an experienced Westport personal injury attorney to discuss your legal options.