crescent-zephyr
Engineer
- Joined
- Oct 21, 2015
- Messages
- 4,628
IDs and photos of the fatalities -- Wife of one of three killed in Amtrak crash files wrongful death suit
Very sad. 2 couples who were celebrating. :-(
IDs and photos of the fatalities -- Wife of one of three killed in Amtrak crash files wrongful death suit
I disagree. Some of their claims appear to be frivolous but the fact remains that a husband died while on the train and his wife and their relatives will go through a lot of suffering and expense because of the accident and if the fault rested with Amtrak or BNSF, then they need to pay for their errors.Frivolous lawsuit.
If the former condition is satisfied, then file a lawsuit. Don't break out the jump to conclusions mat and sue before anyone knows what actually happened....the fact remains that a husband died while on the train and his wife and their relatives will go through a lot of suffering and expense because of the accident and if the fault rested with Amtrak or BNSF, then they need to pay for their errors.
If the former condition is satisfied, then file a lawsuit. Don't break out the jump to conclusions mat and sue before anyone knows what actually happened.
I disagree. Some of their claims appear to be frivolous but the fact remains that a husband died while on the train and his wife and their relatives will go through a lot of suffering and expense because of the accident and if the fault rested with Amtrak or BNSF, then they need to pay for their errors.
In lawsuits, the only real issue I have is with punitive damages. The purpose of these is to punish the defendant for what they did or failed to do. Great idea! Makes them think about what they should have been doing and makes them pay for their failures. However, IMHO, punitive damages should go, not to the plaintiff, but to the governments since basically they are a fine for bad behavior. The award for actual compensation and for pain and suffering rightly belong to the victim.
You are right. Lawyers want to be first for their benefit (gets others to sign up with them) and for the benefit of their clients (embarrasses Amtrak and BNSF in public). However, the victims have been damaged and either the RR and/or Amtrak were responsible. Virtually all accidents are preventable. One may feel the benefit outweighs the cost but the cost includes e.g. not only the money spent in more and/or better inspections, slower trains, etc. but the cost to human lives and property when the worst happens.If the former condition is satisfied, then file a lawsuit. Don't break out the jump to conclusions mat and sue before anyone knows what actually happened.
Yep, this.
If it can be determined/established that Amtrak and/or BNSF is at fault in any way, then they should be held accountable. The timing of the initial filing though just seems like a "shark sensing blood in the water" scenario.
Lawyers by and large aren't exactly known for altruism, just saying.
We'll see what happens.............![]()
There's also discovery to consider. It's not necessarily a consideration in a regulated transportation industry where the NTSB will be preserving evidence from the get-go, but preserving and obtaining evidence can be vital. [NorthShore got the point in faster.Your problem should be with the law not the lawyers. First to sue gets primacy rights, that's why they do it before the dust even settles.
It's not personal, it's just... good business.
That may be true, but failure to take extraordinary actions to prevent them isn't (or shouldn't be) culpable negligence.Virtually all accidents are preventable.
Sometimes it's a local government which is being hit with punitive damages!I disagree. Some of their claims appear to be frivolous but the fact remains that a husband died while on the train and his wife and their relatives will go through a lot of suffering and expense because of the accident and if the fault rested with Amtrak or BNSF, then they need to pay for their errors.
In lawsuits, the only real issue I have is with punitive damages. The purpose of these is to punish the defendant for what they did or failed to do. Great idea! Makes them think about what they should have been doing and makes them pay for their failures. However, IMHO, punitive damages should go, not to the plaintiff, but to the governments since basically they are a fine for bad behavior. The award for actual compensation and for pain and suffering rightly belong to the victim.
I agree. But this law suit is almost a poster child example of sanity compared to some the so called "Kraken" cases that were filed and litigated after the election.Yes, I agree that if someone is responsible for the accident they should be called to answer for their actions or inactions. But it is WAY too early to be filing lawsuits and frankly if I were a member of the Amtrak crew and I knew I was called incompetent by some master of the universe personal claims lawyer I’d be hotter than the sun.
3 people died and we probably won't know how, if ever, until the preliminary report comes out.Does anyone know how the 2 people died? If they were in the cars that went over? Were they in coach or the sleeper? I have beee wandering if one if safer than the other???
Of course, the plaintiff's attorney, who is probably being paid on a contingency fee basis gets the fee sweetened by the amount of the punitive damages.Many plaintiffs will dedicate punitive damages to a registered charity which is devoted to making sure the same abuse doesn't happen again, which I think is a good way to handle it.
It is very sad that anyone died at all. In looking at the accident I am thankful that more were not seriously hurt than there were. Just wandering if there is anything we can learn from it. Thank you for answering.3 people died and we probably won't know how, if ever, until the preliminary report comes out.
Does anyone know how the 2 people died? If they were in the cars that went over? Were they in coach or the sleeper? I have beee wandering if one if safer than the other???
Not really a surprise, considering how "wide open" the SSL is. During a sudden deceleration, there's a lot more room to "travel" as opposed to a roomette or a bedroom.At least one of the fatalities according to various new reports was in the SSL. Haven’t seen any info about the couple.
At least one of the fatalities according to various new reports was in the SSL. Haven’t seen any info about the couple.
""We helped to unbury two people that were buried in the cafe car below us.""Here is a news report that describes what you list - Oklahoma father, son recount Amtrak derailment
I also haven't seen anything about the couple.
Enter your email address to join: