Rail News

DATE

October 05 , 2021


7 passengers on derailed train sue Amtrak, BNSF Railway

AP 
04 October, 2021 (Helena, Mont., US)

An Illinois law firm filed lawsuits Monday against Amtrak and BNSF Railway on behalf of seven passengers who were on an Amtrak train when it derailed in north-central Montana late last month, killing three and injuring dozens of others.

The lawsuits were filed in federal court in Illinois on behalf of a Massachusetts couple, a Pennsylvania couple, an Indiana couple and a Montana man who were all injured in the Sept. 25 derailment of an Empire Builder train near Joplin, Montana, Clifford Law Offices said.

The lawsuits allege negligence in failing to prevent the derailment and seek damages for injuries and psychological trauma suffered when the train went off the tracks. They also seek to challenge a mandatory arbitration agreement Amtrak put in effect in January 2019.

Sean Driscoll, a partner at Clifford Law Offices, said the agreement denies passengers their constitutional right to a trial by jury if they are injured on an Amtrak train and sets a maximum of $295 million in damages per incident for Amtrak.

Source
https://apnews.com/article/business-massachusetts-illinois-pennsylvania-indiana-bf707c6eb3a56b3361150e21df1ca8f6

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