Amtrak Derailment in South Carolina Leaves Two Dead

On Sunday, February 4th, 2018 at around 2:30 am, an Amtrak train out of New York and heading to Miami crashed into a stationary freight train in a yard in South Carolina. There were two fatalities involving the train’s engineer and a conductor. According to news reports, 116 of the 147 people on board were transported to local hospitals. Most were treated and released with minor injuries.

Our thoughts and prayers are with the families who lost loved ones in this terrible crash. We would also like to extend our gratitude for the first responders who did so much to make sure that everyone was able to evacuate the scene of the crash, get their medical needs attended to and find a place of safety in the chaos following the crash.

What caused the Amtrak crash?

In a New York Times article, Amtrak’s chief executive, Richard H. Anderson, said that a signal system had been down, and that dispatchers from CSX were routing trains at the time of the wreck. The passenger train was diverted by locked switch to a rail siding where it crashed head-on into a CSX freight train that was parked and loaded with automobiles. Of course, the details which might be unknown now will become clearer as the investigation uncovers all the facts of what occurred in the early morning darkness.

What is abundantly clear is that Amtrak has been quick place the blame for the crash on CSX. Robert Sumwalt, chair of the National Transportation Safety Board (NTSB), reported in a Washington Post story, that the Amtrak train was traveling on tracks that were owned and maintained by CSX. The train was supposed to stay on the main line tracks but was diverted to the siding when a switch was “lined and locked” to divert the passenger train to the side rail where it collided with the parked freight train. Both the NTSB and the Federal Railroad Administration’s investigative teams will be investigating the derailment.

Would Positive Train Control (PTC) have prevented this derailment?

Sumwalt was quoted in the Post story as saying, “An operational PTC system is designed to prevent this type of accident. A fully operation positive train control system could have avoided this accident, and that’s what it was designed to do.” There will be more details about the cause of the crash and who is responsible in the coming days and months as the investigation uncovers the facts.

What can the victims of a mass disaster do to protect their rights?

Those who have suffered an injury in a mass disaster such as a derailment will likely have questions about their rights and what they should do next. In the aftermath of such a disaster, as the investigation continues and as the injured receive medical care for their injuries, people involved in the disaster will be contacting every passenger on the train. It is vital that the injured understand what to expect and what they can do to preserve and protect their rights.

Representatives from the following types of organizations may try to contact passengers who were on the train when it derailed:

• Federal, state and local law enforcement
• Fire, rescue and medical personnel
• Representatives from Amtrak or CSX
• Representatives from the insurance companies for Amtrak or CSX
• Attorneys who represent those injured in accidents and who represent the parties responsible for the derailment
• News media personnel

You will likely be feeling shock and emotional distress following such a traumatic experience. For this reason, it is vital that you understand that not everyone who contacts you will have your best interests in mind. Of course, it is important that you cooperate with law enforcement and give whatever statement you can provide about what you experienced and what you saw. As an accident victim, you have legal rights. It is vital that you understand that there will be people contacting you who have a financial interest of their own. You would be wise to go slowly and exercise caution and due diligence when communicating with people who contact you regarding your role in the crash.

You will likely be able to recover compensation for your injuries and other losses related to the derailment, but you also have the right to choose your own representation. Whomever you choose to represent you in this action should have experience in complex case litigation and experience in representing people with serious injuries.

At McGowan, Hood, Felder & Phillips, LLC, we are dedicated to protecting the rights of our clients who have sustained injuries in mass disasters. If you or someone you care about has been hurt in an Amtrak derailment or crash, we are here to help you recover the compensation you deserve. Our experienced complex case and catastrophic injury attorneys are here to fight for you. To arrange a free consultation, call us at 803-327-7800 or complete our contact form.