KIRO NEWSRADIO

After losing $4.5M lawsuit in fatal derailment, Amtrak no longer lets passengers sue

Nov 15, 2019, 8:54 AM | Updated: Oct 1, 2024, 11:14 am

amtrak, crash, dupont, Peter Rogoff...

Cars from an Amtrak train that derailed above spilled onto Interstate 5, Dec. 18, 2017, in DuPont, Wash. (AP Photo/John Froschauer)

(AP Photo/John Froschauer)

A woman hurt in a now-infamous fatal Amtrak derailment in DuPont, Washington was awarded $4.5 million in damages by a federal jury in Tacoma recently. Under the company’s new policy printed on the back of its tickets, though, future lawsuits are no longer possible.

Woman awarded $4.5 million in Amtrak train derailment lawsuit

Amtrak’s new terms now state that any passenger purchasing a ticket must enter into mandatory arbitration for any dispute, for anything from personal injury to breach of contract, among a laundry list of other potential legal disputes.

“Although I don’t deal with these arbitration clauses every day, this one is more detailed than what I’m used to seeing,” former Washington State Attorney General Rob McKenna told KIRO Radio’s Candy, Mike and Todd Show.

An Amtrak crash on the morning of Dec. 18, 2017, killed three people and injured more than 80, including passengers and crew members on board, as well as people hurt when the train flew off a freeway overpass and into traffic on southbound Interstate 5.

The train was on its inaugural run on the new bypass when it entered a sharp curve at more than 80 mph. The posted limit for the curve is 30 mph. Investigators say the engineer at the controls had little experience on the route and missed speed limit signs warning him to slow down.

In the wake of that fatal incident, Amtrak has been frequently forced to pay out in court for injured passengers. That includes the aforementioned $4.5 million lawsuit in Tacoma, as well as a $17 million payout spread out across three other passengers in September.

In the September lawsuit, a passenger awarded $7.75 million broke his back, fractured his hip, and suffered a traumatic brain injury he claims altered his personality. Another passenger suffered multiple broken bones, his femur among them.

Sound Transit, WSDOT among those blamed for Amtrak derailment

For the most recent lawsuit, Madeline Garza sued after the crash left her with major injuries and permanent nerve damage.

Under Amtrak’s new policy, lawsuits like these be sent straight to arbitration, spurred by a policy that’s becoming the norm for many businesses.

“Mandatory arbitration provisions are increasingly common,” said McKenna. “They’re popular with companies that are consumer facing, because those companies will frequently be sued in class actions. They’ll be sued by people with various complaints individually, and they like arbitration because it’s a lot cheaper than litigation, and it produces a binding result for both sides.”

Listen to The Candy, Mike, and Todd Show weekdays from 3-7 p.m. on KIRO Radio, 97.3 FM. Subscribe to the podcast here.

mountlake terrace dna skull...

KIRO 7 News Staff

Scientists looking to find relatives based off DNA of partial skull found in Mountlake Terrace

Forensic genetic genealogists have processed the DNA of a partial skull found in a home that was sold in Mountlake Terrace in 2025.

2 minutes ago

Aberdeen sex offender...

KIRO 7 News Staff

76-year-old Aberdeen sex offender arrested in Internet Crimes Against Children investigation

A 76-year-old in Aberdeen was one of two people arrested in separate Internet Crimes Against Children investigations in Grays Harbor County this past week.

9 minutes ago

Title Austin Leming...

James Lynch

Kent family seeks answers in 2021 disappearance and likely murder of Austin Leming

Nearly five years after Austin Leming disappeared from a Kent apartment complex, his family is still waiting to learn where he is.

20 minutes ago

The Capitol is seen under gray skies after American voters this week flipped control of both chambe...

Associated Press

Congress returns to a changed Washington after GOP’s election wipeout

WASHINGTON (AP) — Congress returns Monday to a changed Washington, the Democrats having trounced Republicans in the midterm elections, but with President Donald Trump doubling down on his political threats despite the landmark GOP losses. Newly elected lawmakers arrived on Capitol Hill over the weekend, creating a jumble of split-screen moments reflective of the new […]

55 minutes ago

FILE - Former President Joe Biden speaks to the South Carolina Democratic Party, Feb. 27, 2026, in ...

Associated Press

Joe Biden, in White House memoir, says Trump should carry the weight of Jan. 6 riots ‘to his grave’

ATLANTA (AP) — Former U.S. President Joe Biden writes in his White House memoir that Donald Trump, at once his predecessor and successor, has deeply damaged the country and world with an administration determined to “tear down institutions and inflame hatreds.” And the 83-year-old Democrat said the 80-year-old Trump’s years of lies about his 2020 […]

1 hour ago

Backpacks hang outside a classroom at Glen Cove Elementary on Monday, Aug. 17, 2026, in Vallejo. (A...

Associated Press

Takeaways from AP’s report on school closures in the US

VALLEJO, Calif. (AP) — The start of a new school year can be nerve-wracking under any circumstances. But for thousands of students across the U.S., this academic year brought the added difficulty of adjusting to an entirely new school after their previous ones shuttered. As U.S. birth rates continue a multidecade slide and state and […]

8 hours ago

After losing $4.5M lawsuit in fatal derailment, Amtrak no longer lets passengers sue