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Amtrak Investigates Themselves... Reason For Injuries Finally Known

On the morning of December 7th an Amtrak train bound from Sacramento to Davis had what was termed an "Incident". 5 passengers were injured as a result of "human error". Amtrak wants their passengers to rest assured the crew's performance has been addressed and according to Spokesman Vernae Graham this would be their final statement on the matter. Amtrak would like to end the story many yet questions need to be answered.

The facts reveal passenger train #527 entered a switch with a 40 mph speed limit at 78 mph. This "human error" caused the unprepared passengers to be tossed around and injured. One of those injuries required transportation by ambulance. Amtrak staff failed to transport by ambulance the most severely injured passenger until the train reached Martinez almost an hour later. The report noted passenger baggage and hot coffee was thrown around as a result of the incident. One witness reported "As we (crossed over) from (track one to two), I heard a loud bang," one wrote. "I could see the café car leaning about 40 degrees to the right. I shouted everyone 'sit down,' then our car hit and rocked hard to the right then back to the left hard. People and objects were tossed about."

The crew was taken later the same day for drug and alcohol testing and Amtrak has refused to release those results. Also redacted from the final incident report are the names of the crew and any disciplinary action taken as a result of the "human error". Internal documentation reveals another train crew member whose name and job title were redacted said the crew "failed to recognize that it was their responsibility to take action when (redacted) did not." Amtrak further noted inadequate supervision, substandard communication, and substandard mental or physical conditions played a role in the errors leading up to the incident. They do not elaborate.

Amtrak is owned and operated by the Federal Government and is defined as a "Common Carrier". This legal definition applies to cabs, busses, airlines and yes even trains. The duty assigned to a common carrier requires and heightened level of responsibility and care. We question the care involved when an engineer knowingly enters a switch designed for 40 mph at 78 mph, injuries happen, treatment of those injuries is delayed and Amtrak refuses to discuss any disciplinary or corrective action they have taken to prevent a similar occurrence.

We represent people who are injured because of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when they refuse to follow the law. We help with serious issues that require serious representation. We are the Law Offices of Guenard & Bozarth. We have over 80 years of experience in our plaintiff's only law firm. Call GB Legal 24/7/365 at 888-809-1075 or visit We Can Help!

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