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February 28, 2018

Motley Rice files suit for mother, daughter injured in Amtrak train crash in Cayce, S.C.

Motley Rice has filed a lawsuit on behalf of a Virginia mother and her child, both of whom suffered severe injuries Feb. 4, 2018 when an Amtrak train crashed into a stationary CSX freight train in the city of Cayce, just west of Columbia, S.C. Two Amtrak workers tragically lost their lives in the collision, and more than 100 passengers were injured.

Amtrak Train 91, which was traveling from New York to Miami with 139 passengers on board, appeared to have been traveling on the wrong track, authorities determined. More than 5,000 gallons of gasoline spilled onto the tracks in the wreck and 116 people were transported to local hospitals for treatment of various injuries.

The mother and daughter were among the train’s passengers and were headed to Disney World when the wreck occurred. The young girl suffered internal injuries caused by the impact. CSX Transportation Inc., and the National Railroad Passenger Corp., doing business as Amtrak, are named defendants in the case.

“Our clients are still in shock and working to get well,” said Motley Rice attorney Marlon Kimpson, who represents the plaintiffs in the litigation. “They have questions about how the crash was able to happen and we will work to investigate on their behalf. We hope, in addition to obtaining justice for them, make long overdue strides to implement protections that can and should limit the likelihood of such disasters from occurring.” 

Congress attempted in 2008 to implement Positive Train Control, a computerized train and track monitoring system that has the ability to slow or stop trains due to excessive speed, obstructions on the rails and other hazards, potentially preventing train disasters before they occur. Deadlines to install the technology in locomotives and on roughly 60,000 miles of track in U.S. have repeatedly been pushed back, however, largely due to monetary concerns raised by train companies.

Read a statement and blog post from Motley Rice attorney, and former U.S. Department of Transportation Inspector General, Mary Schiavo on the benefits of Positive Train Control.

Motley Rice transportation attorneys have experience advocating for victims who were injured, or tragically killed, in train crashes and derailments, including reaching a settlement for passengers involved in a two-train collision in Graniteville, S.C., in January 2005 that killed nine people and injured dozens.

The case is filed in the U.S. District Court for the District of South Carolina, Columbia Division. Motley Rice attorneys Mary Schiavo, Marlon Kimpson, James Brauchle and Taylor Lacy represent the plaintiffs. Read the complaint.