Lawyers Going After Tens Of Millions In Deadly Amtrak Derailment

BALTIMORE (WJZ) -- New details in the deadly Amtrak derailment that killed eight people, including three with Maryland ties.

Just days after federal investigators released more on the moments that led up to the crash, a group of lawyers are going after tens of millions of dollars from Amtrak.

Rick Ritter breaks it all down.

It's been a busy week surrounding the crash. Some victims have already filed lawsuits, but one group of lawyers wants to lump them all into one--a move they feel has the best interest of all the victims.

On May 12, 2015, one of the nation's deadliest derailments unfolds in Philadelphia, leaving several dead--three with Maryland ties--and others traumatized for life.

"Everyone looked up to my son," said the mother of Justin Zemser, a Naval midshipman who was killed.

Their lawyers have been seeking compensation, but in a new twist Wednesday, one group followed through with a class action lawsuit, filing a motion to make it a limited fund.

Attorney Read McCaffrey, Liddle and Robinson, LLP, New York, is one person behind it.

"This is a case that needs a limited fund class action to efficiently resolve the disputes. Nearly 250 people were either injured or killed on May 12, 2015 as a result of the Amtrak derailment. This event is obviously the fault of Amtrak," said McCaffrey.

WJZ obtained the documents--a move that could potentially lump all plaintiffs into one suit.

It states Amtrak is liable for injuries, and damages and since it is limited fund, it could potentially cost Amtrak $295 million--but would be no more than that--while putting $50 million to $70 million more in plaintiffs' pockets due to reduced legal fees.

"This is to avoid settlements that leave persons out, that have not filed suit or unfair or unjustified amounts of money to persons who simply win that race to a courthouse. There has been a scramble to the courthouse by a number of plaintiffs, which is inevitable in a tragedy like this," said McCaffrey.

The move comes just days after the NTSB released its newest report on the crash, featuring interviews with the train's engineer. Many have criticized his inconsistency and the fact that technology wasn't in place to prevent the crash.

"You have fault, all of which at the end of the day is attributable to Amtrak," said Pennsylvania attorney Tom Kline, who represents 27 victims in the derailment.

Technology called "positive train control," designed to slow trains down, wasn't installed.

"We have an issue of human error and an issue of technology that should have been in place and wasn't," said Daniel Miller, whose firm, the Law Offices of Daniel J. Miller, has represented Amtrak victims in the past.

A wreck that's left a devastating impact.

"A lot of people lost their lives and many more lost the right to have the lives they were living," Kline said.

Class action suit still needs to be approved.

McCaffrey says he's unsure if Amtrak is on board with the class action lawsuit and won't have an idea on a court date until they get a response.

McCaffrey says he looks forward to working with at least three or four other lawyers who already have clients involved in this case.

There were 238 passengers on Amtrak 188--more than 200 were injured.