No one knows when a life altering incident will take place. Things could be going as planned on your agenda in your everyday life when all of a sudden, your life is flipped upside down. That is what happened to several passengers and family members of passengers on a Philadelphia Amtrak. Many wonder what happened and who is at fault for such a tragic event where lives were lost and many were injured. If you have been injured, call a Fort Lauderdale accident lawyer to discuss your possible case.
On May 12th, 2015, Brandon Bostian, the engineer was operating the Amtrak where 8 people were killed and about 200 were injured. Bostian accelerated to 106 mph while going around a 50 mph curve. This crash caused lives to be lost and several to be injured with life altering disabilities.
Federal investigators ceased the investigation saying that Bostian simply lost track of his location, or “situational awareness,” before the May 12th, 2015, crash after finding out that a nearby commuter train had been struck with a rock. There were no evidence that the engineer was under the influence of drugs or alcohol. There was also no evidence that the engineer was distracted by a cellphone. Prosecutors said they can’t prove engineer Brandon Bostian acted with “conscious disregard” when he accelerated the train to over double the max speed around the deadly curve.
The victims of the incident were left feeling disappointed in the finding as stated by the lawyers of Thomas R. Kline and Robert Mongeluzzi, a firm that represents more than 30 victims and their families. The firms stated that many of his clients to this day, 2 years later, remain in constant pain from the crash. The victims are yearning for accountability for the incident. Kline believes that Bostian should have at least faced reckless endangerment charges if not able to be charged on the more serious charges due to failure to find intent.
The fear for the firm and the victims are the example that this case will set for future similar cases. Will anyone that operates a train or a bus or a boat be able to say “I forgot where I was”? The District Attorney’s office says that there was not enough evidence to prove that Bostian intentionally disregarded any risks to his passengers.
Bostial also has a pending personal injury suit against Amtrak stating that he was disoriented after something struck his train right before it derailed. The National Transportation Safety Board gathered that nothing struck the locomotive before the derailing. The NTSB is
Amtrak has taken responsibility for the crash and agreed to a settlement of $265 million to settle related claims. Bostian has a personal injury suit pending against Amtrak, saying he was left disoriented or unconscious when something struck his train before it derailed. However, the National Transportation Safety Board concluded that nothing struck the locomotive. The NTSB says that Amtrak’s failure to implement an automatic speed control throughout the busy Northeast Corridor is definitely a factor that contributes to these crashes.