May, 2015

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Amtrak Crash Victims Compensation Subject To $200 Million Limit

De Rail

Legally thanks to the Amtrak Reform and Accountability Act,, Amtrak is capped at a maximum of $200 million in damages to all victims of a single accident, including the Amtrak Northeast Regional train bound for New York City derailed and crashed on the Northeast Corridor in the Port Richmond neighborhood of Philadelphia, Pennsylvania.

“The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.

As much as this sounds like, consider that this amount must be split between 238 passengers and 5 crew, with grievances reaching from injury to permanent disability to death. This amount must cover lost income and medical expenses for the 200+ injured, and the millions in compensation of lost income for family members killed.

Is it time for new law? Is there any reason why train systems cannot carry adequate insurance the way airplanes do?

Los Angeles County to Pay $450,000 to Settle Wrongful Death Lawsuit

arbitrationLos Angeles County will pay $450,000 to the father of 2-year-old Gabriel Dominguez, who was beaten to death by his mother’s boyfriend in 2011.

According to the child’s father Robert Dominguez, he had made repeated calls to Los Angeles County social workers about the abuse by his ex-wife’s boyfriend Daniel Vega. However, the department closed their investigation after which, Vega beat his son to death and was later sentenced to 56 years in prison.

Dominguez claimed in his wrongful death lawsuit that his son would have been alive if the Department of Children and Family Services had responsibly investigated the case.

Recently, the County Board of Supervisors approved the $450,000 payout to settle the lawsuit.

American Medical Response to Pay $1.5 Million in Wrongful Death Suit

Justice scale on blue backgroundA Middlesex Superior Court jury has awarded $1.5 million to the family of a Plymouth woman in a wrongful death lawsuit against USA’s largest ambulance provider, American Medical Response (AMR).

The lawsuit claims that in 2009, an AMR ambulance was transporting Barbara Grimes, 67, back after dialysis. However, the emergency medical technicians, who were shifting her into the ambulance, leaned over the stretcher, due to which, Grimes fell on the ground, hit her head and died after 5 days. Marc Breakstone, the plaintiffs’ attorney said, “If the ambulance crew had only followed company safety policies regarding stretcher operation, it would not have toppled over. This needless death was easily preventable.”

According to AMR spokesperson Ron Cunningham, “We are very disappointed by the verdict…We are reviewing our options and are considering appealing the ruling.”

Family of Motorist in Deadly Metro-North Crash Lawsuit

guerney
Ellen Brody and five train passengers were killed on Feb. 3 crash after Brody’s SUV stopped on the tracks near Valhalla, New York on the service’s Harlem Line. Brody’s family says the crossing where the accident happened is unsafe and filed 2 notices of claim, one against Metro North, the Metropolitan Transportation Authority, Westchester County, and Mount Pleasant, New York; and a second claim against New York state.The hazardous nature of the railroad crossing and restricted line of sight trapped Brody, leading to her death. In 1984, another accident occurred at the same location. Damages in a case like this may include compensation for both non-economic and economic losses.

Mother Files Wrongful Death Lawsuit after Fatal Road Crash in Georgia

autoFollowing the death of 5 Georgia Southern University students in multi-vehicle pileup on April 22, the mother of one of the victims has filed a wrongful death lawsuit.

The accident occurred at I-16, near Savannah, Georgia, after a tractor-trailer failed to stop, hence causing a chain reaction involving 6 other vehicles in front of it. Five people were killed while 3 others were injured in the accident.

On April 29, Kim Deloach McQuaig, the mother of Abbie Deloach, 21, filed a wrongful death lawsuit against the concerned trucking company, Total Transportation, as well as its Tennessee-based parent company U.S. Xpress Enterprises.

The lawsuit seeks a jury trial and demands $15,000 in addition to punitive damages and attorneys’ costs.

Widow of Train Crash Victim Gets $20 Million in Wrongful Death Lawsuit

autoA jury has awarded $20 million to the widow of Scott Spence, who was killed in a train collision in Stoddard County, Missouri, in October 2012.

53-year-old Spence was killed in a collision with BNSF train on a rural road in Stoddard County.

Following his death, his wife Sherry Spence had filed a wrongful death lawsuit, claiming that the railroad crossing did not have lights, gates or a safe sight distance and the crew was negligent.