Clifford Law Offices today (Thursday, Oct. 7, 2021) is filing separate lawsuits on behalf of four more injured passengers in the September 25TH derailment in Montana against Amtrak and the BNSF Railway Company that owns and maintains the tracks.
The Empire Builder line headed from Chicago to Seattle derailed on the afternoon of Sept. 26 near Joplin, Montana, leaving three people dead and dozens injured. Clifford Law Offices has filed a total of 11 lawsuits in federal district court in Chicago on behalf of its clients and intends to challenge the arbitration requirement that is allegedly applicable to passengers. The law firm initially obtained a $16.75 million verdict against Amtrak for the 2017 derailment in Seattle, Washington, before the arbitration clause was added to back of tickets.
Allegations in the complaints allege negligence on the part of the defendants for a number of actions or inactions including improper, inadequate and insufficient rail maintenance, switches and train equipment. The cause of the derailment is still under investigation by the National Transportation Safety Board (NTSB).
The lawsuits are being filed this morning on behalf of Saint Matthew (Matt) Johnson, 40, of Seattle, Washington; Stuart and Karen Dixon, aged 60 and 57, a couple from Berwyn, Pennsylvania; and Justin Ruddell, 40, of Klamath Falls, Oregon, all physically injured in the derailment and all suffering from severe emotional and psychological trauma.
Ruddell was severely injured when he was in the bathroom right behind the observation car. When the derailment occurred, the force of the derailment caused the outside door to peel open, exposing him to the gravel, dirt and other elements that began uncontrollably pouring on him. He clung to life, then tried to dig himself out with a nearby railroad spike. “I thought I was going to die,” he said.
He was airlifted to a local hospital where he stayed for five days. He suffers from two broken vertebrae, five broken ribs and severely strained arms. He remains recuperating from the traumatic event and will speak to the press about the harrowing ordeal at a noon press conference.
“Trains don’t derail by themselves,” said Sean Driscoll, partner at Clifford Law Offices and lead counsel on the team that obtained a $57 million settlement against Amtrak on behalf of its clients in the 2017 Seattle derailment. “This is another derailment by Amtrak in four years and something must be done to hold the wrongful parties accountable. These people want and deserve answers. Their lawsuits will get them those answers.”
The Amtrak train consisting of a locomotive and 10 passenger cars ejected some of the 158 people on board that included 17 crew members in a remote area of Montana about 200 miles north of Helena, the state’s capital.
“A derailment like this would never happen in the absence of negligence,” said Kristofer Riddle, partner at Clifford Law Offices who also was on the legal team that obtained the $57 million settlement against Amtrak earlier this year. “Our clients are seeking answers and accountability for all the victims of this derailment and to ensure something like this never happens again.”
Clifford Law Offices has been contacted by still others on the train and intends to file further lawsuits soon on behalf of those passengers.
The NTSB has assumed the lead role in determining how eight of the 10 cars left the tracks. A preliminary report from some 14 investigators on the scene reportedly is expected in the next month. The Federal Railroad Administration also has a team of experts assisting in the investigation. They reportedly are using video footage from the train and black-box data as well as analyzing damage to rail cars and injuries to survivors and those killed.
