#Voices: Q+A on Amtrak/CSX train collision in Cayce
by the Law Office of Kenneth E. Berger
This is a contributor-submitted Voices piece. Want to join the conversation? We invite you to write for us. Here’s how.
Why was the track switch in the wrong position? Who’s job was it to make sure the Amtrak train didn’t get sent down the wrong track?
CSX appears to be responsible for that portion of track, along with the track switches. How the track switch got locked in the wrong position is not yet determined, but ultimately it was under CSX’s control.
Who is at fault? Who is legally responsible?
CSX almost certainly contributed, but it is unlikely that a catastrophe of this magnitude was caused by a single person or entity. There are going to be questions about the Amtrak train’s crashworthiness, not to mention the different ownership and operational agreements that CSX was a party to.
Who was in charge of the warning system that was inoperable the night of the crash?
Once again, the fingers are currently pointing at CSX, but they will invariably divert a portion of the blame to the companies that manufactured, distributed, sold, and maintained all components of the warning system.
Why didn’t this track have positive train controls?
The absence of positive train controls (PTC) is huge. CSX is not legally required to have PTC until Dec. 31, 2018, but from a safety perspective, this is absolutely inexcusable. They’ve known for decades that PTC saves lives, but it has always been cheaper to settle claims than to fix the problem.
Will this be a class action case or can everyone bring their own claim?
This will not be a class action. All injured parties, along with surviving family members of the folks who lost their lives, will be able to bring their own, individual claim or civil action.
Is there a cap on how much someone who got hurt or killed can recover? Will the companies that caused this have to pay punitive damages?
Yes, the aggregate total for everyone involved is just under $295m. That includes punitive damages. See 49 U.S.C. 28103 and the FAST Act.
Is this a state case or a federal case?
These cases will almost certainly land in our the federal courts, especially for non-South Carolina residents.
Can I settle with Amtrak, but still have a case against CSX?
Probably, but proceed with great caution. The language of the Release could potentially be used by CSX and other potential defendants as an absolute bar to legal action.
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