At the time of publication of this post, the cause of the Amtrak derailment remains unclear. And, according to news reports, both federal regulators and Amtrak have already sent an investigation team to begin an investigation. Under these circumstances, it is critical for those injured and killed in the derailment to preserve their legal rights. First and foremost, those affected should hire a lawyer to send a preservation letter demanding that Amtrak preserve all evidence relevant to this tragedy. In a train derailment case, such a letter is critical as it requires the company to preserve locomotive dashcam videos, black box crash data, interviews with witnesses, and other important evidence.
Under Montana law, Amtrak is a “common carrier” and has an affirmative duty to provide safe passage to paying passengers. Obviously, derailing a train and injuring and even killing passengers is a serious dereliction of that duty. In a previous Amtrak case involving an Amtrak employee who raped a passenger, the Montana courts have held carriers such as Amtrak to "the highest degree of care" in regards to passenger safety, rather than the "reasonable care standard." Thus, those injured in this collision will have likely have recourse against Amtrak under Montana law.
The cause of the derailment nevertheless remains important because it may implicate other responsible parties. It may also implicate Amtrak for exemplary damages, which are meant to punish a company that disregards a safety risk. Amtrak trains have derailed in the past. Thus, it is fair to wonder at this point what Amtrak was aware of prior to this tragedy that could have made it preventable.