There are many reasons to book a ticket with a passenger railroad service. Whether you are looking for a unique travel experience or you want to lower your transportation expenses, Amtrak is a viable option with over 500 destinations nationwide.
Sometimes things can go wrong on your trip. If you or your loved one suffered injuries while on board, you might wonder, “Can I sue Amtrak?” Typically, the answer is no. Find out more in this blog from the skilled injury attorneys at Soloff & Zervanos, P.C.
Suing Amtrak after 2019 is difficult due to a mandatory arbitration clause that prevents passengers from pursuing legal action in court. Instead, you must settle your injury disputes through arbitration. When you purchase a ticket, you automatically agree to this clause and forfeit your right to go before a judge or jury to plead your case for damages. This policy includes both wrongful death claims and class-action lawsuits, even in the event of a preventable derailment.
Unfortunately, there is not much you can do currently to bypass Amtrak’s forced arbitration clause. While it may be possible to ask the federal court to prevent your claim from going to arbitration, this is an incredibly complex and difficult case to prove.
However, you do have the right to pursue a claim with third parties, when applicable. For example, freight rail companies, such as Union Pacific, may own the tracks your Amtrak operated on, while outside contractors often maintain its equipment. In these circumstances, those independent companies could be held liable with the right evidence.
Because many consumer advocacy groups argue that Amtrak’s policy unfairly limits passengers’ rights to sue, change may be forthcoming. A pair of Pennsylvania congressmen, Brendan Boyle and Chris Deluzio, introduced the Ending Passenger Rail Forced Arbitration Act to the Senate in 2024. However, the bill to give injured parties access to the judicial system has not progressed significantly.
Amtrak has a $200 million cap on liability for each incident. The Amtrak Reform and Accountability Act established this limit in 1997, and it applies to all claims, including punitive damages.
The purpose of this Act is to protect taxpayers from the exorbitant costs of a major lawsuit against Amtrak, a heavily government-subsidized corporation. Unfortunately, this cap could significantly limit the amount of compensation you receive through arbitration, particularly if there are multiple parties and the actual damages exceed this threshold.
Whether you can sue Amtrak for damages is not easy to answer. Therefore, it is essential to contact the experienced law team at Soloff & Zervanos, P.C. Regardless of whether the company failed to adhere to safety protocols, did not properly maintain equipment, or failed to effectively train an engineer, our experienced attorneys would fight for your rights.
