Personal Injury

Family of Rail Worker Killed By Wayward Train Sues Amtrak

amtrak trains logo Family of Rail Worker Killed By Wayward Train Sues AmtrakThe family of one of the rail workers killed after being struck by an Amtrak train near Chester, Penn., April 3 has filed a wrongful death lawsuit against Amtrak.

Joe Neal Carter Jr., 61, was a performing maintenance work on a track with fellow Amtrak employee Peter Adamvich, when an Amtrak train traveling 106 mph caught the men by surprise and collided with them.

Mr. Carter, an Amtrak employee for 40 years, had been working an overtime shift when the accident occurred. He and Mr. Adamvich had been cleaning the ballast with a backhoe just north of the Delaware state line so that trains could travel safely on the track.

According to the National Transportation Safety Board (NTSB), the track on which Mr. Carter and Mr. Adamvich were working was supposed to be closed to train traffic when the deadly collision occurred. The crash remains under investigation and investigators have not yet said what could have caused the error.

A lawyer representing Mr. Neal’s family and several victims of the Amtrak 188 crash in Philadelphia last year, which killed eight people and injured more than 200 others, told The Delaware News Journal that Amtrak’s “lack of communication and appropriate policies and practices” cost Mr. Carter his life.

“The lawsuit specifically calls into question Amtrak’s safety procedures used when performing maintenance on a track, citing a failure to abide by the organization’s own rules, federal regulations and industry standards to ensure its workers were safe,” The News Journal reported.

The family is suing the railroad for maximum damages under the Federal Employers’ Liability Act, including medical and funeral expenses, and for financial support for Mr. Carter’s two children

The accident could stoke concerns about the lack of positive train control (PTC) on Amtrak trains. For years, the NTSB has pushed the railroad industry to install the devices, which could help prevent future deadly collisions between Amtrak trains and rail workers.

Source: The News Journal