Lawsuit Alleges ‘Gross Negligence’ in Fatal South Carolina Train Derailment

An Amtrak passenger has filed a lawsuit against CSX alleging gross negligence in Sunday’s fatal train derailment in Cayce, South Carolina.

About the Fatal Train Derailment

According to The State, the passenger, identified as James Daymon of Florida, is seeking more than $75,000 in damages, claiming that the derailment was the result of “gross negligence” and “reckless disregard” of train safety standards.

The train derailment and crash occurred early Sunday morning and resulted in two deaths and more than 100 injuries. The crash is considered to be among the worst in recent South Carolina history.

Filings also allege that CSX made a “deliberate decision that it will be cheaper to pay compensatory damages for claims resulting from train wrecks and derailments than to install and maintain an appropriate train control system.”

The lawsuit also claims that CSX defied a 2008 federal law, the Rail Safety Improvement Act, by delaying action on modern safety technology called positive train control. The technology was supposed to be in place nationwide by December 31, 2015.

The Rail Safety Improvement Act was a response to the 2008 collision between a Union Pacific freight train and a Metrolink passenger train that resulted in 25 and injured 135.

Train and Railroad Accident Statistics

Train and railroad accidents cause thousands of injuries and accidents every year. In 2011 alone, there were 4,273 train and railroad accidents/incidents resulting in 290 fatalities.

Train derailments can be caused by:

  • Conductor negligence
  • Mechanical failure
  • Outdated train tracks
  • Poor track maintenance
  • Train derailment
  • Defective automatic warning devices
  • Collision with a vehicle
  • Collision with another train

Contact an Experienced Railroad and Train Accident Attorney

Injuries caused by railroad and train accidents are oftentimes severe and in some cases deadly. Medical bills, lost wages, and other damages can be obtained by suing the negligent parties involved, which may include the train or railroad company. You deserve to be compensated for your injuries. If you or a loved one were injured while riding on a train or while outside of a train, contact Thomas J. Henry.

Experienced train accident attorneys are available to take your call and evaluate your claim 24/7, nights and weekends. Our firm has offices in Corpus ChristiSan Antonio, and Houston, serving clients across Texas and nationwide.

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