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What Day 1’s Investigation of the Cayce, SC Amtrak Accident Revealed

Published on Feb 5, 2018 at 2:40 pm in Train Accidents.

The attorneys at the Solomon Law Group are experienced in making claims involving Amtrak passengers and are prepared to provide legal representation to the victims in the February 4, 2018, collision between Amtrak Train 91 and an unmanned CSX train. Amtrak Train 91 was traveling from New York to Miami when it was involved in a collision in Cayce, South Carolina, early Sunday morning.

In order to determine what type of claims need to be made and whom the claims need to be made against to recover your damages, there must be a thorough investigation conducted by attorneys familiar with such cases.

In a typical collision involving an Amtrak passenger train, there are several contributing factors that may or may not be in Amtrak’s control. Solomon Law Group has recently resolved significant claims in an Amtrak collision that was caused by a truck sitting on a railroad crossing.  In order to determine the best way to make a claim, the attorneys at the Solomon Law Group had to investigate the owners of the track and the actions that were taken that day by the involved parties. Additionally, research was conducted to determine whether the railroad crossing was in compliance with federal regulations and industry standards.

In the recent train collision in Cayce, South Carolina, it appears there are going to be several companies that may be responsible for claims arising from the collision and the injuries that occurred. Of course, Amtrak will need to be looked at to determine whether or not they were operating in compliance with the federal regulations governing the operation of their train, including, but not limited to, mandatory drug testing of the Amtrak employees and determining whether or not the train was operating within the speeds set forth for that portion of the track.

However, preliminary investigations by the National Transportation Safety Board (NTSB) also indicate that the cause of the train accident may rest on the negligence of CSX Corporation’s employees. Preliminary reports indicate that the switch for the track where the collision occurred was lined and locked for the main track’s occupants to go into a spur. A spur is an area of track that is typically created to service business by the trains.

It appears that a CSX train had been parked on the spur and was left there. The switch on the track was left aligned so that any train coming down the main track would go off into the spur.  That, of course, would cause a collision with the train already sitting there.

This set of facts is very similar to the cause of the collision in the Graniteville train derailment case in which Attorney Carl L. Solomon of the Solomon Law Group served as a member of class counsel. In that case it was clear that the switch was not properly aligned in order for a train to go directly down the main track. However, investigations and discovery showed that the cause of that misalignment was most probably due to the employees having to work right up to their service hours, leave the train, and take taxis in order to try to comply with federal regulations regarding the number of hours they could work.

Accordingly, Norfolk-Southern was at fault in the train derailment, and compensation was able to be awarded to thousands of people who suffered different levels of property damages and displacement, hundreds of people who suffered different levels of injuries, and unfortunately some who ultimately died.

Companies like Amtrak and CSX have to comply with federal and state laws, and when this does not happen, collisions occur. Whether the collision was caused by a lack of training, mechanical failure, negligence on behalf of an employee, or maintenance violations, the attorneys at the Solomon Law Group are prepared to utilize their experience and resources to hold the negligent party or parties accountable.

Do You Need a South Carolina Train Accident Lawyer?

If you were a victim of a train accident, you should talk to an experienced attorney as soon as possible. Our South Carolina train accident lawyers have you experience and expertise your case requires. Allow us to do the investigating while you focus on recovering. To learn more, call the Solomon Law Group today at (803) 391-3120.

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