To Victims and Their Families:

Our hearts go out to everyone injured in this horrific accident. Having spent the better part of the last 38 years representing victims of mass transit disasters, we know the sense of sorrow, shock, and trauma you’re experiencing. You have our sincere condolences.

We hope these materials help you better understand challenges you will face and the assistance you will need to receive just compensation.

GENERAL

Victims of mass transit disasters involving trains, planes or buses need sound legal advice immediately. Decades of experience representing thousands of injured accident victims have taught us that certain steps need to be taken as soon as possible. You need good advice and you need it now. 

The following are four points you need to know: 

1.  First, do not discuss your injuries with representatives of Amtrak, government agencies, insurers or anyone else other than your family, your doctors, or your lawyers. Representatives from potential defendants may seem sympathetic and helpful, but it’s their job to protect their employers and to help settle your claim for a relatively low amount. 

2.  Start a diary/journal in which you record all your suffering, physical and emotional. Preserve all financial records including income, taxes, business/corporate records, bank account, and budgets. Further, keep records of all medical treatment and all expenses.  

3. Seek out psychological/grief counseling. Not only can it be vital for your mental health, but it will also document your suffering, which will help prove the extent of your damages when the time comes. 

4.  All victims need legal advice from lawyers not only skilled in personal injury, but in complicated mass transit accidents. The sooner your lawyers start work on your behalf, the more successful they will be. 

AMTRAK CRASH INVESTIGATION

While it is too early in the investigation to reach firm conclusions on fault, 38 years of experience handling mass transit accidents has taught us where to look. We’ve seen safety measures ignored because of the expense or inconvenience. Too often safety is sacrificed in favor of timetables, profit margins, and other company interests.  

One thing is already clear: this accident was not the fault of the victims. They are entirely innocent. What follows is what has been reported so far. 

Eight Amtrak train “Empire Builder” cars derailed on Saturday, September 25, 2021 in Joplin, Montana, about 200 miles north of Helena. Some of the cars tipped over and crashed onto their sides. At least three people were killed and fifty injured in the accident. 

The train was traveling from Chicago to Seattle. An Amtrak spokesman said the train was carrying about 141 passengers and 16 crew members.

Amtrak has an unfortunate history of derailments, including an accident in DuPont, Washington on December 2017. The National Transportation Safety Board (NTSB), after a 17-month investigation, determined Amtrak and other agencies made mistakes and the engineer at the controls had little experience on the route and missed the speed limit signs. HERRMANN LAW GROUP represents victims from this accident. 

 In this most recent Amtrak crash, initial reports indicate the train may have “fishtailed” before derailing, which would indicate an issue with the train track. Burlington Northern and Santa Fe Railway and Montana Department of Transportation are responsible for this section of the railway. There could be a maintenance issue with the track, a design issue, or some other problem. Often an accident is the result of a combination of errors or failures on the part of multiple parties. 

All these issues will be thoroughly investigated. It may take as much as a year to complete. Nearly all the evidence, however, is being preserved. Videos and photos of the crash will eventually be available. Causes will be determined once the investigation is completed.  

You can rest assured that the truth shall be known and those responsible will be held to account. 

COMPENSATION 

Issues of compensation are unique to each individual victim. They involve the nature and extent of the injuries, the pain and suffering experienced, disability, disfigurement, medical bills, loss of income, and other factors. 

 All victims, whether they sustained severe physical injuries or not, have experienced an intense psychological and emotional trauma. This may take them much time to overcome, even with professional counseling. All aspects of the injuries need to be thoroughly developed and presented. Only then can we properly provide a professional evaluation. 

For the families of those who died, the loss of love and affection, companionship, support and all other financial losses can amount to substantial sums of money depending upon family relationships, age of the victim, and actual and potential earnings. Many factors go into calculating the just amount for a particular victim. We fully prepare every aspect of a case, utilizing experts whenever necessary, to maximize claims. 

 In previous cases, we’ve recovered as much as several million dollars. For specific amounts, please review our Firm Record. We want to be clear, however, that past results do not guarantee future recoveries. Each case is determined on its own merits. 

We have been successfully representing clients in mass disasters for decades. We invite all passengers to contact us for a free, personal, and private consultation with no commitment. Feel free to contact any of the following: 

Charles Herrmann
charles@herrmannlawgroup.com
206.488.5911

Lara Herrmann
lara@herrmannlawgroup.com
253.627.8142

Mark Lindquist
mark@herrmannlawgroup.com
206.334.2672

Or any of our 8 Attorneys at either of our two offices. Our team is backed by staff who speak fluent Chinese, Korean, Indonesian, and Spanish. 

Seattle Office main number:  206.625.9104 
Tacoma Office main number: 253.627.8142  

Respectfully,

HERRMANN LAW GROUP

Charles Herrmann 
Attorney at Law