Inevitably, the lawsuits have now started to hit the courts. Based on allegations that the engineer on the Metrolink train missed a signal and was texting just before the collision, it is Metrolink that is under legal assault. Union Pacific appears to be blameless in the matter, a fact they are no doubt thankful for.
On September 15th, the first claim was filed against Metrolink by the family of a boy who died in the crash. Other claims are now pouring in as well.
Trial attorneys are scrambling to cash in — the families of victims have reported local attorneys showing up at their homes to try to win business, according to Breaking Legal News.
In fact, there is a federal law, the Amtrak Reform and Accountability Act of 1997, which caps damages at $200 million in the aggregate for railway disasters. This cap will no doubt be litigated, though. Meanwhile, Metrolink apparently has insurance in the $150-200 million range.
So expect this case to be messy, indeed. Still, the family of each deceased passenger can expect around a $5-10 million-dollar piece of the available pie, which is better than chicken feed. Hopefully, it doesn't all go to their attorneys.
