2015 Philadelphia train derailment
{{Short description|2015 railroad accident in Pennsylvania, US}}
{{Use mdy dates|date=May 2015}}
{{Infobox public transit accident
| name = 2015 Philadelphia train derailment
| image = 2015 Amtrak derailment DCA15MR010 Prelim Fig2.jpg
| image_size =
| image_alt = Aerial view of two intact passenger cars resting on their side and one passenger car warped and split open
| caption = Aerial view of the wreckage after the crash, showing the first three of the seven passenger cars.
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| pushpin_map = Philadelphia#Pennsylvania#USA
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| coordinates = {{coord|40|00|06|N|75|05|37|W|type:event|display=inline,title}}
| date = {{start date and age|2015|05|12}}
| time = 9:23 p.m. EDT (UTC−4)
| location = Port Richmond, Philadelphia, Pennsylvania
| location_dir =
| location_city =
| location_dist_km =
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| country =
| line = Northeast Regional
| operator = Amtrak
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| type = Derailment
| cause = Loss of situational awareness by train engineer
| bus =
| trains = 1 (locomotive plus seven cars)
| vehicles =
| passengers = 238
| crew = 5
| pedestrians =
| deaths = 8{{cite news |url=https://www.nytimes.com/2015/05/15/us/philadelphia-amtrak-train-crash.html |title=Brandon Bostian Agrees to Talk About Amtrak Derailment but May Recall Little |newspaper=The New York Times |date=May 14, 2015 |access-date=May 18, 2015 |first1=Sheryl Gay |last1=Stolberg |first2=Matt |last2=Flegenheimer |first3=Richard |last3=Pérez-Peña}}
| injuries = 200+ (11 critical){{cite web |title=7 killed in Philadelphia Amtrak crash; engineer ID'd |url=http://6abc.com/news/7-killed-in-philadelphia-amtrak-crash;-engineer-idd/718111/ |website=6abc.com |publisher=WPVI-TV |location=Philadelphia, PA |date=May 13, 2015 |access-date=May 13, 2015}}
{{Infobox event
| title =
| child = yes
| accused = Brandon Bostian
| charges = *Causing a catastrophe
- Involuntary manslaughter (8 counts)
- Reckless endangerment (238 counts)
| verdict = Not guilty on all counts{{cite web|title=Former Amtrak Engineer Brandon Bostian Found Not Guilty On All Counts In Deadly 2015 Train Derailment|url=https://philadelphia.cbslocal.com/2022/03/04/brandon-bostian-verdict-not-guilty-deadly-2015-train-derailment/|access-date=March 4, 2022|archive-date=March 4, 2022|archive-url=https://web.archive.org/web/20220304220015/https://philadelphia.cbslocal.com/2022/03/04/brandon-bostian-verdict-not-guilty-deadly-2015-train-derailment/|url-status=dead}}
}}
}}
On May 12, 2015, an Amtrak Northeast Regional train from Washington, D.C. bound for New York City derailed and wrecked on the Northeast Corridor near the Kensington neighborhood of Philadelphia, Pennsylvania. Of the 238 passengers and 5 crew on board, 8 were killed and over 200 were injured, with 11 critically so. The train was traveling at {{convert|102|mph|km/h|abbr=on}} in a {{convert|50|mph|km/h|abbr=on}} zone of curved tracks when it derailed.{{cite news |url=https://www.reuters.com/article/us-usa-train-derailment/amtrak-train-in-philadelphia-wreck-was-traveling-at-twice-speed-limit-idUSKBN0NY04E20150514 |title=Amtrak train in Philadelphia wreck was traveling at twice speed limit |last=Renshaw |first=Jarrett |date=May 13, 2015 |work=Reuters |access-date=December 26, 2017}}
Some of the passengers had to be extricated from the wrecked cars. Many of the passengers and local residents helped first responders during the rescue operation. Five local hospitals treated the injured. The derailment disrupted train service for several days.{{cite news |url=https://www.nytimes.com/2015/05/15/us/after-amtrak-derailment-travelers-struggle-to-change-plans.html |title=Travelers Struggle to Change Plans After Amtrak Derailment |last1=Santora |first1=Marc |date=May 14, 2015 |work=The New York Times |access-date=December 26, 2017 |last2=Surico |first2=John}}
The National Transportation Safety Board determined that the derailment was caused by the train's engineer (driver) becoming distracted by other radio transmissions and losing situational awareness, and said that it would have been prevented by positive train control, a computerized speed-limiting system that was operational elsewhere on the Northeast Corridor, but whose activation at the wreck site had been delayed due to regulatory requirements. The track in question was also not equipped with ATC (automatic train control), an older and simpler system that had been operational for years on the southbound track of the curve at which the derailment occurred, and that also would have limited the train's speed entering the curve.{{cite web |url=http://fortune.com/2015/07/24/automatic-train-control/ |title=The century-old tech that ensures train safety |publisher=Fortune.com |date=July 24, 2015 |access-date=December 21, 2015}} Shortly after the derailment, Amtrak completed ATC installation on the northbound track.{{cite news |first=Melissa |last=Gray |title=Amtrak installs speed controls at fatal crash site |date=May 17, 2015 |website=CNN |url=http://www.cnn.com/2015/05/16/us/philadelphia-amtrak-train-derailment/}}
The 2015 wreck was the deadliest on the Northeast Corridor since 1987, when 16 people died in a wreck near Baltimore.{{cite web |first=Joseph A. |last=Gambardello |url=http://www.philly.com/philly/news/breaking/20150514_Investigators_headed_to_Port_Richmond_to_probe_deadly_derailment.html?c=r |title=Investigators Headed to Port Richmond to Probe Deadly Derailment |work=The Philadelphia Inquirer |date=May 13, 2015}}
The train engineer, 32-year old Brandon Bostian, was arrested and charged with one count of causing a catastrophe, eight counts of involuntary manslaughter, and 238 counts of reckless endangerment. On March 4, 2022, a jury acquitted Bostian on all counts.{{cite web|title=Former Amtrak Engineer Brandon Bostian Found Not Guilty On All Counts In Deadly 2015 Train Derailment|url=https://philadelphia.cbslocal.com/2022/03/04/brandon-bostian-verdict-not-guilty-deadly-2015-train-derailment/|access-date=March 4, 2022|archive-date=March 4, 2022|archive-url=https://web.archive.org/web/20220304220015/https://philadelphia.cbslocal.com/2022/03/04/brandon-bostian-verdict-not-guilty-deadly-2015-train-derailment/|url-status=dead}}
Derailment
File:2015 Philadelphia train derailment.svg
File:2015 Amtrak derailment DCA15MR010 Prelim Fig1.jpg
At about 9:10 p.m. (EDT) on Tuesday, May 12, 2015, Amtrak's northbound Northeast Regional {{Abbr|No.|Number}} 188 led by Amtrak ACS-64 601 departed Philadelphia's 30th Street Station en route to New York City from Washington D.C.{{cite web |url=https://www.theguardian.com/us-news/2015/may/13/amtrak-train-crash-investigation-philadelphia |title=Amtrak Philadelphia train crash: mayor describes 'disastrous mess' |work=The Guardian |date=May 13, 2015 |access-date=May 13, 2015}}{{cite news |title='Heartbroken': 6 dead, hundreds injured after Amtrak train derails in Philadelphia |url=http://www.cnn.com/2015/05/13/us/philadelphia-amtrak-train-derailment |website=CNN.com |publisher=CNN |access-date=May 13, 2015}} The train consisted of seven cars hauled by a year-old Amtrak Cities Sprinter (ACS)-64 locomotive, No. 601. The engineer was Brandon Bostian, who had begun working the route a few weeks prior.{{cite web |url=http://www.philly.com/philly/news/20150516_For_Train_188_engineer__a_solitary_but_dream_job.html |title=For Train 188 engineer, a solitary but dream job |work=The Philadelphia Inquirer |first1=Jason |last1=Laughlin |first2=Ben |last2=Finley |date=May 16, 2015 |access-date=May 19, 2015}}
The train entered a four-degree left curve on the four-track line{{cite web |last=Brotzman |first=Chris |url=http://www.signalbox.org/overseas/usa/shore.htm |title=Shore tower |access-date=May 13, 2015 |archive-url=https://web.archive.org/web/20150517012404/http://www.signalbox.org/overseas/usa/shore.htm |archive-date=May 17, 2015 |url-status=dead |df=mdy-all}} at the railroad's Frankford Junction near the intersection of Frankford Avenue and Wheatsheaf Lane, where it derailed and wrecked at approximately 9:23{{nbsp}}p.m.(EDT).{{cite web |url=https://abcnews.go.com/US/amtrak-derailment-video-shows-harrowing-moments-crash/story?id=31028659 |title=Amtrak Derailment: Video Shows the Harrowing Moments Before the Crash |work=ABC News |date=May 13, 2015 |first1=Meghan |last1=Keneally |access-date=May 13, 2015}} Passengers reported that the front of the train shook at first, before coming to an abrupt stop.{{cite news |url=https://news.yahoo.com/amtrak-train-washington-crashes-philadelphia-014924856.html |title=Amtrak train derails, killing 5 people; cars ripped apart |agency=Associated Press |date=May 13, 2015 |access-date=May 13, 2015}} The entire train went off the track, with three cars rolling onto their sides.{{cite news |url=http://www.cnn.com/2015/05/13/homepage2/gallery/philadelphia-amtrak-crash/ |title=Amtrak train derails in Philadelphia |work=CNN |date=May 13, 2015 |access-date=May 13, 2015}}{{cite web |url=https://www.wsj.com/articles/deadly-train-wreck-in-philadelphia-leaves-disastrous-mess-1431499608 |title=Amtrak Crash: Train Appears to Have Hit Curve Going Over 100 MPH |work=The Wall Street Journal |date=May 13, 2015 |first1=Ted |last1=Mann |first2=Andrew |last2=Tangel |first3=Kris |last3=Maher |access-date=May 13, 2015}}{{cite news |title=US Amtrak New York-bound train derails in Philadelphia |work=BBC News |date=May 13, 2015 |url=https://www.bbc.com/news/world-us-canada-32716462 |access-date=May 13, 2015}} The train sustained at least $9.2 million in estimated damages.{{cite web |url=https://www.ntsb.gov/investigations/AccidentReports/Pages/DCA15MR010_Preliminary.aspx |title=Preliminary Report: Railroad DCA15MR010 |last=National Transportation Safety Board |date= |website=National Transportation Safety Board |publisher= |access-date=September 12, 2017}}
The train should have been slowing to approach the curve with a reduced speed of {{convert|80|mph|km/h|abbr=on}} during its approach, and {{convert|50|mph|km/h|abbr=on}} within the curve itself,{{cite web |title=NTSB: Engineer Hit Emergency Brake as Train Traveled 100+ MPH Moments Before Deadly Derailment |url=http://www.nbcphiladelphia.com/news/local/Investigation-Amtrak-NTSB-Begins-into-Deadly-Train-Derailment-in-Philadelphia-303583561.html |website=nbcphiladelphia.com |date=May 13, 2015 |access-date=May 13, 2015}}{{cite web |archive-url=https://web.archive.org/web/20160203171230/http://dms.ntsb.gov/public/58000-58499/58167/585182.pdf |archive-date=February 3, 2016 |url=http://dms.ntsb.gov/public/58000-58499/58167/585182.pdf |via=National Transportation Safety Board |title=Northeast Corridor Employee Timetable #5 |date=October 6, 2014 |publisher=National Railroad Passenger Corporation (Amtrak)}} but instead, it had accelerated into the curve and was traveling at {{convert|106|mph|km/h|abbr=on}} as its engineer applied the emergency brake, and {{convert|102|mph|km/h|abbr=on}} when it derailed,{{cite news |first1=Julie |last1=Zauzmer |first2=Ashley |last2=Halsey III |first3=T. Rees |last3=Shapiro |title=Train approached curve at 106 mph, twice the limit |date=May 13, 2015 |access-date=July 4, 2015 |newspaper=The Washington Post |url=https://www.washingtonpost.com/local/investigators-probe-amtrak-wreckage-after-philadephia-detrailment-6-dead/2015/05/13/cdf31d58-f957-11e4-9ef4-1bb7ce3b3fb7_story.html}} according to Robert L. Sumwalt, the National Transportation Safety Board's lead investigator, who cited the onboard event recorder recovered from the wreckage. Investigators are working to determine why the train entered the curve at such a high speed. The windshield of the locomotive may have been hit by a projectile shortly before the derailment.{{cite news |url=https://www.reuters.com/article/us-usa-train-derailment-idUSKBN0NZ18Z20150516 |title=Philadelphia train may have been hit by projectile before wreck |date=May 16, 2015 |access-date=May 16, 2015 |first=Jarrett |last=Renshaw |work=Reuters}}
Proponents argue the train should have been equipped with positive train control (PTC), which can automatically stop a train or slow it to a safe speed if the engineer fails to do so promptly. Amtrak officials said PTC had been installed on the tracks ahead of a Congress-mandated December 2015 deadline, but had yet to be operational due to "budgetary shortfalls, technical hurdles and bureaucratic rules". For four years, the railroad struggled with the FCC to purchase the rights to airwaves in the Northeast Corridor required for PTC,{{cite news |first1=Michael D. |last1=Shear |first2=Jad |last2=Mouawad |title=Amtrak Says Shortfalls and Rules Delayed Its Safety System |url=https://www.nytimes.com/2015/05/15/us/amtrak-says-it-was-just-months-away-from-installing-safety-system.html |access-date=May 15, 2015 |work=The New York Times |date=May 14, 2015}} which might have limited the train's speed and thereby prevented the wreck. During a press conference, NTSB member Robert Sumwalt told reporters, "Based on what we know right now, we feel that had such a system been installed in this section of track, this accident would not have occurred."{{cite news |title=Amtrak derailment: Could technology have stopped the crash? |url=http://www.cnn.com/2015/05/13/us/philadelphia-amtrak-crash-positive-train-control/ |website=CNN.com |publisher=CNN |first=Catherine E. |last=Shoichet |date=May 13, 2015 |access-date=May 13, 2015}}{{cite web |url=https://www.reuters.com/article/us-usa-train-derailment-safety-exclusive-idUSKBN0NY2DW20150513 |title=Derailed Amtrak train lacked latest U.S. safety controls |first1=Patrick |last1=Rucker |first2=Jarrett |last2=Renshaw |publisher=Reuters |date=May 13, 2015 |access-date=May 13, 2015}}{{cite web |url=http://www.democracynow.org/2015/5/14/as_train_crash_death_toll_reaches |access-date=May 14, 2015 |publisher=Democracy Now! |date=May 14, 2015 |title=As Train Crash Death Toll Reaches 7, GOP Votes to Cut Amtrak Budget by $250M & Delay Safety Upgrades}} The track in question was not equipped with Automatic Train Control (ATC), which had been operational for years on the southbound track of the curve at which the derailment occurred, and which also would have limited the train's speed entering the curve. Shortly after the derailment, Amtrak completed ATC installation on the northbound track.
This fatal derailment was the second at Frankford Junction. On September 6, 1943, on the same tracks and within two blocks of the 2015 wreck site, an extra section of the Congressional Limited, then the Pennsylvania Railroad's premier Washington-to-New York service, derailed approaching the same curve en route to New York, killing 79 people and injuring 117 others.{{cite web |url=http://specialcollection.dotlibrary.dot.gov/Document?db=DOT-RAILROAD&query=%28select+2724%29 |title=INTERSTATE COMMERCE COMMISSION INVESTIGATION NO. 2726 THE PENNSYLVANIA RAILROAD COMPANY REPORT IN RE ACCIDENT AT SHORE PA., ON SEPTEMBER 6, 1943 |first=Ferruccio |last=Barletta |work=dot.gov |access-date=May 13, 2015 |archive-url=https://web.archive.org/web/20150513191336/http://specialcollection.dotlibrary.dot.gov/Document?db=DOT-RAILROAD&query=%28select+2724%29 |archive-date=May 13, 2015 |url-status=dead |df=mdy-all}}
Immediate aftermath
File:Amtrak ACS-64 601.jpg locomotive 601 led the train that derailed]]
Some passengers were able to walk off the train, while others needed to be rescued with cutting tools.{{cite news |url=http://www.cnn.com/2015/05/12/us/philadelphia-train-derailment/index.html |title=5 dead, at least 50 injured after Amtrak train derails in Philadelphia |work=CNN |date=May 13, 2015 |access-date=May 13, 2015}} Eventually, a crane was brought to the site to lift the overturned train cars, in part to search for trapped victims.
More than 200 passengers were treated at area hospitals, including Temple University Hospital, Aria Health, Hahnemann University Hospital, Jefferson University Hospital, and Einstein Medical Center. Most of the injured passengers sustained minor lacerations and contusions, while some also had fractured bones; 11 were critically injured. Bostian, the engineer, survived the wreck with leg injuries, a concussion, and a head wound.{{cite news |url=https://www.nytimes.com/2015/05/15/us/amtrak-derailment-philadelphia-engineer-brandon-bostian.html |title=For Amtrak Engineer Brandon Bostian, Childhood Passion Became A Career |first1=Dave |last1=Philipps |first2=Emma G. |last2=Fitzsimmons |work=The New York Times |date=May 14, 2015 |access-date=May 14, 2015}}
Eight passengers died, including one at Temple University Hospital.
Former Congressman Patrick Murphy, who was a passenger on the train, said: "There was a lot of mayhem. A lot of blood, a lot of bleeding. I pulled myself up. The guy who I kind of landed on was OK. The guy next to him was completely passed out, knocked unconscious. People were pretty banged up." He said that after the train derailed, there were loud banging sounds and the train was shaking. Murphy, who sustained minor injuries in the wreck, helped other passengers leave the train. The man seated next to Murphy eventually regained consciousness, walked off the train, and helped other passengers.{{cite web |url=https://abcnews.go.com/US/amtrak-crash-investigators-search-train-derailment/story?id=30998492 |title=Amtrak Crash: Investigators Recover Train's Black Box, Probe Continues |work=ABC News via Good Morning America |date=May 13, 2015 |access-date=May 13, 2015}} Delaware Senator Tom Carper had been on the same train, but got off at an earlier stop in Wilmington, Delaware.{{cite web |url=https://www.msn.com/en-us/news/us/amtrak-train-derails-killing-6-people-investigation-begins/ar-BBjHvLi |title=Amtrak train derails killing 6 people; investigation begins |work=msn.com |access-date=May 13, 2015}} Chef Eli Kulp was among the badly injured passengers.{{cite news |last1=Hilario |first1=Fran |title=Chef Eli Kulp remains hospitalized after Amtrak derailment |url=http://www.bizjournals.com/philadelphia/news/2015/05/19/chef-eli-kulp-remains-hospitalized-amtrak-188.html |access-date=June 9, 2015 |publisher=Philadelphia Business Journal |date=May 19, 2015}}{{cite news |last1=Klein |first1=Michael |title=Chef Eli Kulp injured in Amtrak derailment |url=http://www.philly.com/philly/blogs/the-insider/Chef-Eli-Kulp-injured-in-Amtrak-derailment.html |access-date=June 9, 2015 |website=The Philadelphia Inquirer |date=May 13, 2015}}
Paul Cheung, an Associated Press manager, was also on the train. He said that before the train derailed, it "started to decelerate, like someone had slammed the brake. Then suddenly you could see everything starting to shake. You could see people's stuff flying over me." Passenger Daniel Wetrin was taken to a nearby school after the wreck. He said, "I walked off as if, like, I was in a movie. There were people standing around, people with bloody faces ... power cables all buckled down as you stepped off the train." Another man took a cell phone video of the wreck's aftermath, in which rescuers are telling trapped passengers to crawl to safety, while other passengers cry and moan. One Port Richmond resident said the wreck felt like "a mild earthquake"; another said it "sounded like a bomb."{{cite web |url=http://www.phillyvoice.com/amtrak-train-crashes-philadelphia/ |website=PhillyVoice |title=At least seven killed in Amtrak train crash in Philadelphia; over 200 treated at hospitals |date=May 13, 2015 |access-date=May 13, 2015}}
= Mass transit adjustments =
File:Empty penn station.JPG on May 14 as dozens of trains were cancelled between Philadelphia and New York]]
- Amtrak service was suspended along the Northeast Corridor between New York City and Philadelphia.{{cite web |url=http://www.nbcphiladelphia.com/news/local/Amtrak-Derailment-Philadelphia--303536331.html |title=At Least 7 Dead, Over 200 Hurt After Amtrak Train Derails, Rolls on Side in Philadelphia |website=nbcphiladelphia.com |publisher=WCAU-TV |location=Philadelphia, PA |date=May 13, 2015 |access-date=May 14, 2015}} Service resumed on May 18, 2015.{{cite news |last1=Shapiro |first1=Emily |title=Amtrak Service Returns Monday Between New York and Philadelphia |url=https://abcnews.go.com/US/amtrak-service-returns-monday-york-philadelphia/story?id=31109430 |access-date=May 18, 2015 |work=ABC News |date=May 17, 2015}}
- New Jersey Transit suspended service along the Atlantic City Line between Philadelphia and Cherry Hill. Service resumed on May 15, 2015.{{cite web |authorlink1=New Jersey Transit |title=Train : Atlantic City Line : Travel Alerts |url=http://m.njtransit.com/mo/mo_servlet.srv?hdnPageAction=TrainAdvisoriesTo |website=New Jersey Transit |access-date=May 18, 2015 |date=May 17, 2015}}
- SEPTA Regional Rail service on the Trenton Line and Chestnut Hill West Line was also suspended.{{cite web |url=http://6abc.com/traffic/amtrak-derailment-impacts-septa-other-transit/719061/ |title=Amtrak derailment impacts SEPTA, other transit |publisher=WPVI-TV |location=Philadelphia, PA |date=May 13, 2015 |access-date=May 13, 2015}} Service resumed on May 18, 2015.{{cite web |authorlink1=SEPTA |title=Alerts: Regional Rail |url=http://www.septa.org/ |website=SEPTA: Southeastern Pennsylvania Transportation Authority |publisher=SEPTA |access-date=May 18, 2015}}
= Regulatory response =
On May 19, 2015, the Federal Railroad Administration issued an emergency order to Amtrak related to the derailment. It required Amtrak to modify its automatic train control system to enforce the passenger train speed limit on the curve where the derailment occurred, while noting that Amtrak had already implemented the changes at the time of the order. It also required Amtrak to identify other curves on the Northeast Corridor with a more than 20 mph drop in the authorized approach speed and carry out similar changes, and install additional passenger-train speed-limit signage.{{cite web |website=Railway Age |title=Amtrak 188 wreck: FRA Emergency Order; windshield strike possible factor |url=http://www.railwayage.com/index.php/safety/amtrak-188-wreck-fra-emergency-order-windshield-strike-possible-factor.html |access-date=June 7, 2015 |date=May 19, 2015}}{{cite web |authorlink1=Federal Railroad Administration |title=Emergency Order under 49 U.S.C. 20104 Establishing Requirements for the National Railroad Passenger Corporation to Control Passenger Train Speeds at Certain Locations Along the Northeast Corridor |url=https://www.fra.dot.gov/eLib/Details/L16389 |website=fra.dot.gov |publisher=Federal Railroad Administration |date=May 21, 2015}}
== Investigation and NTSB findings ==
File:NTSB 2015 Philadelphia train derailment 1.jpg
After an initial investigation of the scene, the Federal Bureau of Investigation (FBI) said there was no indication that the derailment was terrorism-related.{{cite news |url=http://www.cnn.com/videos/us/2015/05/13/ctn-bpr-perez-amtrak-derailment-fbi.cnn |title=FBI: No indication of terrorism in Amtrak train derailment |work=CNN |date=May 12, 2015 |access-date=May 12, 2015}} An NTSB team also investigated. Preliminary information suggested that the derailment was accidental, according to informal statements made by both agencies, which continue to investigate.{{cite web |url=https://www.nbcnews.com/storyline/amtrak-crash/philadelphia-train-crash-6-dead-dozens-hurt-aboard-amtrak-service-n358061 |title=Philadelphia Train Crash: Six Dead, Scores Hurt Aboard Amtrak Service |work=NBC News |date=May 13, 2015 |access-date=May 13, 2015}} In early June authorities stated that they were still investigating the reason the train entered the curve while speeding.{{cite news |title=Cause of Amtrak Train's Speeding Still Unknown, Panel Is Told |url=https://www.nytimes.com/2015/06/03/us/cause-of-amtrak-trains-speeding-still-unknown-panel-is-told.html |newspaper=The New York Times |date=June 2, 2015 |access-date=November 4, 2015 |issn=0362-4331 |first=Ron |last=Nixon}} Investigators are focusing on why the train entered the curve too fast; it passed {{convert|70|mi/h|km/h|abbr=on}} at 65 seconds before the wreck, {{convert|100|mi/h|km/h|abbr=on}} just 16 seconds before, and the emergency brake was applied just seconds before the wreck.{{cite web |url=https://www.cbsnews.com/news/derailed-amtrak-engineer-brandon-bostian-to-be-interviewed-by-investigators/ |title=Amtrak train rapidly accelerated seconds before crash |work=CBS News |date=May 15, 2015 |access-date=May 19, 2015}}{{cite news |url=http://www.wjla.com/articles/2015/05/amtrak-train-in-deadly-wreck-was-speeding-but-why--113962.html |title=Amtrak train engineer doesn't remember deadly wreck, says lawyer |agency=Associated Press |first=Suzanne |last=Kennedy |date=May 14, 2015 |access-date=May 20, 2015}} All of the locomotives' controls could only be manipulated manually by the engineer when it derailed. The engine was not aging equipment as it was only a year old and had no reported history of unintended acceleration. Bostian was not talking on the phone, texting or using smartphone data during the accident, nor was he using alcohol or drugs. The NTSB has told Congress that human error is a likely factor.[https://www.nytimes.com/2015/06/11/us/amtrak-crash-engineer-brandon-bostian-not-on-cellphone-ntsb-says.html No Evidence That Amtrak Engineer Used Phone During Crash, Safety Board Says], The New York Times, June 11, 2015
Bostian's lawyer said that his client does not recall much about the accident because of a concussion he sustained in the wreck, but that "he remembers coming into a curve. He remembers attempting to reduce speed and thereafter he was knocked out." The NTSB interviewed Bostian on May 15, who said he had "no recollection" of events after the train passed North Philadelphia station. Lead NTSB investigator Robert Sumwalt said Bostian was "extremely cooperative".{{cite web |last=Smith |first=Paul |url=http://fox43.com/2015/05/15/investigators-learing-more-about-amtrak-crash/ |title=NTSB talks with engineer of derailed Amtrak train |website=WPMT |date=May 15, 2015 |access-date=May 16, 2015}} Earlier, Sumwalt had said, "for somebody who's been through a traumatic event, this is not at all unusual for human behavior to have the mind blank out things like that, at least for the short term."{{cite web |url=http://www.nydailynews.com/news/national/sen-schumer-calls-upgrade-outdated-rail-infrastructure-article-1.2223711 |title=Engineers discuss train hit by object before derailment |first1=Erik |last1=Badia |first2=Chelsia Rose |last2=Marcus |first3=Larry |last3=McShane |website=NYDailyNews.com |date=May 15, 2015 |access-date=May 16, 2015}}
According to The New York Times Magazine, investigators focused on two possibilities: that a rock hit the windshield of the locomotive and caused Bostian to be distracted or disoriented, or that he mistakenly believed he was in a different curve. Both would result in Bostian losing situational awareness and allowing the train to enter the curve too fast.{{cite news |first=Matthew |last=Shaer |title=The Wreck of Amtrak 188 |date=January 26, 2016 |access-date=January 27, 2016 |website=The New York Times |url=http://nyti.ms/23q6Wao}}
At a hearing on May 17, 2016, the National Transportation Safety Board reported that the primary cause of the derailment was a loss of situational awareness by the train's operator, likely caused by distracting radio chatter from a nearby SEPTA train that had experienced an emergency situation. Someone had thrown a rock at the SEPTA train's windshield, shattering it and blinding the conductor. This distraction resulted in the operator believing he was further down the track than he was, thus accelerating the train before the curve rather than after it. The board concluded that the accident would have been entirely prevented if the line had been equipped with positive train control, which would have recognized and applied the appropriate speed limit, and chairman Christopher A. Hart called on federal railroad regulators to "end this list of PTC preventable fatalities and injuries right now."[http://www.philly.com/philly/blogs/real-time/Live-updates-NTSB-hearing-on-Amtrak-derailment.html Recap: NTSB hearing on Amtrak derailment]. Philly.com, May 17, 2016
Response of politicians
File:NTSB 2015 Philadelphia train derailment 3.jpg
Philadelphia Mayor Michael Nutter said of the wreck, "It is an absolute disastrous mess." Pennsylvania Governor Tom Wolf said, "Anything that the state can do, we stand ready to do that." Amtrak was "deeply saddened by the loss of life from Amtrak Northeast Regional Train 188," according to a statement released on May 13. Vice President Joe Biden said, "Amtrak is like a second family to me, as it is for so many other passengers." He said he had taken about 8,000 Amtrak trips to and from Washington during his career.{{Cite web|url=https://www.politico.com/story/2015/05/amtrak-crash-joe-biden-117901|title=Amtrak accident affects Biden's 'second family'|first=Sarah|last=Wheaton|website=POLITICO|date=May 13, 2015 }}
President Barack Obama, in his statement following the accident, said:
{{blockquote|Along with Americans across our country, Michelle and I were shocked and deeply saddened to hear of the derailment aboard Amtrak Train 188. Our thoughts and prayers go out to the families and friends of those we lost last night, and to the many passengers who today begin their long road to recovery. Along the Northeast Corridor, Amtrak is a way of life for many. From Washington, DC and Philadelphia to New York City, this is a tragedy that touches us all. As we work to determine exactly what happened, I commend the fire, police and medical personnel working tirelessly and professionally to save lives. Philadelphia is known as the city of brotherly love – a city of neighborhoods and neighbors – and that spirit of loving-kindness was reaffirmed last night, as hundreds of first responders and passengers lent a hand to their fellow human beings in need.{{cite web |title=Statement by the President |url=https://obamawhitehouse.archives.gov/the-press-office/2015/05/13/statement-president |date=May 13, 2015 |via=National Archives |work=whitehouse.gov |access-date=May 13, 2015}}}}
The day following the derailment, the U.S. House Appropriations Committee passed a measure to cut $260 million from Amtrak's $1.36 billion budget for the next fiscal year. Democrat Nita Lowey said, "While we don't know the cause of this accident, we do know that starving rail of funding will not enable safer train travel." In the same meeting, some Republicans criticized Democrats for linking the budget to the wreck. Idaho Rep. Mike Simpson admonished the Democrats for taking advantage of the situation, saying, "Don't use this tragedy in that way. It was beneath you."{{cite web |url=http://www.politico.com/story/2015/05/amtrak-budget-house-panel-crash-117904.html |title=House panel votes to cut Amtrak budget hours after deadly crash |work=politico.com |date=May 13, 2015 |access-date=May 14, 2015 |first=Heather |last=Caygle}}{{cite web |url=http://www.nbcphiladelphia.com/news/local/House-Appropriations-Amtrak-Funding-Cuts-251-Million--303614151.html |title=House GOP Blocks Hike in Amtrak Budget Hours After Crash |work=NBC Philadelphia |date=May 13, 2015 |access-date=May 13, 2015 |first=Andrew |last=Taylor}}{{cite news |url=http://www.cnn.com/2015/05/13/politics/congress-amtrak-funding-crash/ |title=House committee passes bill that cuts Amtrak funding after crash |work=CNN |access-date=May 13, 2015 |date=May 13, 2015}}
Resulting changes
As a result of the derailment and in particular the inability of the engineer to remember the wreck, Amtrak installed inward-facing cameras in its locomotives in 2015 and 2016, recording the actions of engineers before any future accidents.{{cite web |url=http://philadelphia.cbslocal.com/2015/05/26/amtrak-to-install-long-sought-cameras-in-locomotives-following-deadly-derailment/ |title=Amtrak Adding In-Cab Cameras Facing Train Engineers |first=Mark |last=Abrams |date=May 26, 2015 |publisher= |access-date=July 6, 2017}} Amtrak completed installation of the ACSES positive train control system on the entire Northeast Corridor between Washington and Boston in December 2015.{{cite web |url=http://www.railwayage.com/index.php/ptc/acses-fully-operational-on-the-nec.html |title=ACSES fully operational on the NEC |website=Railwayage.com |date= December 23, 2015|access-date=July 6, 2017}}
Locomotive No. 601 was damaged beyond repair, and {{as of|2023|July|lc=y}} is currently being used as a source for spare parts for other ACS-64s.{{cite web | title=Amtrak ACS-64s | website=TrainWeb.org | url=http://www.trainweb.org/oldmainline/amtkeng2.htm | language=no | access-date=July 3, 2023}}
Litigation
While § 161(a) of the Amtrak Reform and Accountability Act of 1997 (ARAA)Amtrak Reform and Accountability Act of 1997, {{USPL|105|134}}, December 2, 1997. capped the total liability (including for punitive damages) of Amtrak and all other defendants in any single passenger train accident at $200 million,[https://www.law.cornell.edu/uscode/text/49/28103 49 U.S. Code § 28103(a)(2)] Title 49, Subtitle V – RAIL PROGRAMS, Part E, Chapt. 281, § 28103 – Limitations on rail passenger transportation liability: "(a)(2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000."Pearson, Sophie [https://www.bloomberg.com/news/articles/2015-05-14/amtrak-train-crash-victims-face-200-million-injuries-cap-by-law Amtrak Train Crash Victims Face $200 Million Injuries Cap] Bloomberg Business, May 14, 2015 a Bill (S. 1360) introduced by US Senator Bill Nelson (D-FL) on May 18, 2015, would if passed raise that limit to $500 million retroactive to May 12, 2015, the date of the Philadelphia derailment.[http://www.claimsjournal.com/news/national/2015/05/22/263542.htm "Senate Bill Would Raise Passenger Railroad Liability Limit"] The Claims Journal, May 22, 2015[https://www.govtrack.us/congress/bills/114/s1360/text S. 1360 "A Bill to amend the limitation on liability for passenger rail accidents or incidents under section 28103 of title 49, United States Code, and for other purposes."] Introduced May 18, 2015 If the ARAA imposed statutory liability limit proves insufficient to cover all damages and it is not raised by Congress, however, some plaintiffs' attorneys have already stated that the constitutionality of the $200 million cap would be challenged.Voreacos, David & Pettersson, Edvard [http://www.claimsjournal.com/news/east/2015/07/13/264494.htm "Amtrak Admits Liability in Philadelphia Crash Cases"] Claims Journal, July 13, 2015
In early July 2015, both Amtrak and the plaintiffs, in the multiple federal civil lawsuits filed against Amtrak in U.S. District Courts in Pennsylvania, New York and New Jersey, requested that all then-existing and future such actions be transferred to and heard in the Eastern District of Pennsylvania (EDPA) in Philadelphia under the management of the Judicial Panel on Multidistrict Litigation (MDL) as provided for by 28 U.S.C. § 1407,[https://www.law.cornell.edu/uscode/text/28/1407 28 U.S. Code § 1407 – Multidistrict litigation] Legal Information Institute, Cornell University Law School creating a centralized process to considerably speed up litigation by conserving the resources of the parties and judiciary, avoiding duplication of discovery, and preventing inconsistent pretrial rulings.D'Annunzio, P.J. [http://www.thelegalintelligencer.com/id=1202731064193/Amtrak-Consents-to-Derailment-MDL?slreturn=20150617103219 "Amtrak Consents to Derailment MDL"] The Legal Intelligencer, July 2, 2015[http://www.aboutlawsuits.com/wp-content/uploads/2015-06-22-Motion.pdf "PLAINTIFFS' MEMORANDUM IN SUPPORT OF MOTION FOR TRANSFER OF ACTIONS TO THE EASTERN DISTRICT OF PENNSYLVANIA PURSUANT TO 28 U.S.C. § 1407 FOR COORDINATED OR CONSOLIDATED PRETRIAL PROCEEDINGS"] In re: Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, Before the United States Judicial Panel on Multidistrict Litigation, Case MDL No. 2654 Document 1-1, June 22, 2015 All the consolidated cases have been assigned to U.S. District Judge Legrome D. Davis.Stemple, Jonathan [https://www.reuters.com/article/usa-amtrak-derailment-lawsuits-idUSL1N0ZH2VK20150701 "Amtrak seeks to combine lawsuits over fatal Philadelphia derailment"] Reuters, July 1, 2015D'Annuzio, PJ [http://www.thelegalintelligencer.com/id=1202728673255/Judge-Handling-Amtrak-Cases-Known-for-Intellect-Empathy "Judge Handling Amtrak Cases Known for Intellect, Empathy"] The Legal Intelligencer June 9, 2015 In answers filed by Amtrak with that Court on July 10, 2015, in response to the first two-passenger lawsuits[https://dockets.justia.com/docket/pennsylvania/paedce/2:2015cv02741/504825 Blair Berman v. National Railroad Passenger Corporation (Amtrak)], EDPA No. 2:2015cv2741; [https://dockets.justia.com/docket/pennsylvania/paedce/2:2015cv02744/504800 Felicidad R. Iban, et. al. v. National Railroad Passenger Corporation (Amtrak)], EDPA No. 2:2015cv02744 the company admitted fault by stipulating{{cite book |last1=Lehman |first1=Jeffrey |last2=Phelps |first2=Shirelle |title=West's Encyclopedia of American Law, Vol. 9 | edition=2 |date=2005 |publisher=Thomson/Gale |location=Detroit |isbn=9780787663742 |page=349}} as "true"Federal Rules of Civil Procedure Title III, Rule 8(b)(4) "Denying Part of an Allegation: A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest." that the train was "traveling in excess of the allowable speed" when it derailed and thus Amtrak "will not contest liability for compensatory damages proximately caused by the derailment of Train 188 on May 12, 2015".Nixon, Ron [https://www.nytimes.com/2015/07/11/us/amtrak-will-not-fight-suits-filed-in-wreck.html?_r=0 "Amtrak Will Not Fight Suits Filed in Wreck"] The New York Times, July 10, 2015
On April 6, 2016, a Pennsylvania federal judge refused to grant settlement class certification to two passengers suing Amtrak over a train's derailment last year in Philadelphia, a ruling where damages capped at $295 million would likely be reduced in related multi-district litigation, according to plaintiffs' attorney Evan K. Aidman.{{clarify|date=February 2017}}{{cite web |url=http://www.law360.com/cases/561d5bb621fb2a354c000007 |title=IN RE: AMTRAK TRAIN DERAILMENT IN PHILADELPHIA, PENNSYLVANIA, ON MAY 12, 2015 |website=www.law360.com |access-date=July 6, 2017}}
In October 2016, Amtrak reached a $265 million settlement with individuals affected by the derailment in 2015. This amount is in response to over 125 cases filed against Amtrak by passengers and family members, but can also be made available to passengers who had not yet filed a lawsuit or settled with Amtrak.{{cite news |url=https://www.npr.org/sections/thetwo-way/2016/10/27/499592760/amtrak-reaches-265-million-settlement-over-deadly-philadelphia-crash |title=Amtrak Reaches $265 Million Settlement Over Deadly Philadelphia Crash |work=NPR.org |access-date=2018-04-20 |language=en}}
Criminal investigation, charges, and acquittal
On May 9, 2017, Philadelphia prosecutors said Bostian, the train's engineer, would not face any criminal charges because there was no evidence that he had acted with criminal intent.[http://www.nydailynews.com/news/national/no-charges-amtrak-engineer-fatal-2015-philadelphia-crash-article-1.3150154 Amtrak engineer in fatal 2015 Philadelphia crash won't be criminally charged], New York Daily News, May 9, 2017 On May 12, 2017, on the anniversary of the crash, Philadelphia Municipal Court Judge Marsha Neifield ordered prosecutors to file involuntary manslaughter and reckless endangerment charges against Bostian; the district attorney referred the matter to Pennsylvania Attorney General Josh Shapiro.{{cite web |url=http://www.northjersey.com/story/news/transportation/2017/05/11/judge-orders-prosecutors-charge-amtrak-engineer-philadelphia-crash/318876001 |title=Judge orders prosecutors to charge Amtrak engineer in Philadelphia derailment |publisher=North Jersey |date=May 11, 2017}}
On May 18, 2017, Shapiro charged Bostian with eight counts of involuntary manslaughter, one count for each of those who died in the wreck; causing a catastrophe; and numerous counts of reckless endangerment. The charges were filed just before the two-year statute of limitations expired for the reckless-endangerment charges.{{cite web |url=http://www.philly.com/philly/news/crime/brandon-bostian-is-getting-arraigned-for-role-in-amtrak-crash-20170518.html |title=Brandon Bostian arraigned in Amtrak crash, and released |date=May 18, 2017 |publisher= |access-date=July 6, 2017}}{{cite web |url=https://www.npr.org/sections/thetwo-way/2017/05/12/528072727/judge-orders-charges-brought-against-amtrak-engineer-reversing-prosecutors-decis |title=Judge Orders Charges Brought Against Amtrak Engineer, Reversing Prosecutors' Decision |website=NPR |date=May 12, 2017 |publisher= |access-date=July 6, 2017|last1=Katkov |first1=Mark }}{{cite web |url=https://www.npr.org/sections/thetwo-way/2017/05/09/527610135/engineer-in-deadly-2015-amtrak-derailment-wont-face-criminal-charges |title=Engineer In Deadly 2015 Amtrak Derailment Won't Face Criminal Charges |website=NPR |date=May 9, 2017 |publisher= |access-date=July 6, 2017|last1=Dwyer |first1=Colin }} On September 12, 2017, Philadelphia Municipal Court Judge Thomas Gehret dismissed all charges against Bostian, ruling after a preliminary hearing that the evidence did not support criminal charges and that the derailment was "more likely than not" an accident.[http://www.philly.com/philly/news/charges-dropped-against-amtrak-engineer-in-fatal-derailment-20170912.html Charges dismissed against Amtrak engineer in 2015 derailment]. The Philadelphia Inquirer, September 12, 2017
On February 6, 2018, following an appeal of Gehret's ruling by the Pennsylvania Attorney General's Office, Philadelphia Common Pleas Court Judge Kathryn Streeter Lewis reinstated all criminal charges against Bostian.{{cite web |url=http://www.philly.com/philly/news/crime/all-charges-reinstated-against-brandon-bostian-engineer-2015-fatal-amtrak-derailment-philly-20180206.html |title=All charges reinstated against engineer in fatal 2015 Amtrak derailment in Philly= | date=February 6, 2018 |access-date=May 1, 2018}} On July 23, 2019, all charges were dismissed a second time, by Common Pleas Court Judge Barbara McDermott, who ruled that while Bostian made a mistake, his error was not a criminal act.{{cite web |title='The law recognizes we're all human': Charges dismissed against Brandon Bostian, engineer in deadly Philly Amtrak derailment |date=July 23, 2019 |url=https://www.inquirer.com/news/amtrak-derailment-train-188-bostian-charged-dismissed-mcmonagle-20190723.html |publisher=The Philadelphia Inquirer |access-date=18 November 2019}} On May 14, 2020, Superior Court Judge Victor Stabile reinstated charges on Bostian.{{cite news |title=Judge reinstates charges in deadly Philadelphia Amtrak 188 crash |agency=Associated Press |publisher=WPVI-TV |location=Philadelphia, PA |date=May 15, 2020 |url=https://6abc.com/judge-reinstates-charges-in-deadly-philadelphia-amtrak-crash/6185361/?fbclid=IwAR1HBp0EhyvWf1qqiIqLh7NF0y4zpSv1OzRQbExdRDlC51olNGYU4Gg9j5I |access-date=May 23, 2020}}
On March 4, 2022, a jury acquitted Bostian on all charges.{{cite news |last1=Conde |first1=Ximena |title=Brandon Bostian, engineer during fatal 2015 Amtrak crash, found not guilty of all charges |url=https://www.inquirer.com/news/philadelphia/amtrak-crash-trial-brandon-bostian-verdict-20220304.html |access-date=4 March 2022 |work=Philadelphia Inquirer |date=4 March 2022}}
See also
{{Portal|Philadelphia|Trains}}
- 1943 Frankford Junction train wreck – accident that occurred in similar circumstances in almost the same location (Frankford Junction)
- Morpeth derailment (1969) – distracted driver fails to slow for tight curve in otherwise high-speed main line; subsequent introduction of warning system to announce major speed reductions.
- 2015 in rail transport
- History of rail transport in Philadelphia
- List of rail accidents (2010–2019)
{{clear}}
References
{{reflist|30em}}
{{NTSB}}
External links
{{Commons category|2015 Philadelphia train derailment}}
- [https://web.archive.org/web/20210211090442/https://www.ntsb.gov/investigations/Pages/2015_philadelphia_pa.aspx Amtrak derailment in Philadelphia, PA] – NTSB
- [https://www.ntsb.gov/investigations/AccidentReports/Reports/RAR1602.pdf Derailment of Amtrak Passenger Train 188 Accident Report] – NTSB
- [http://www.c-span.org/video/?326321-1/hearing-amtrak-train-derailment "Amtrak Derailment"], House Transportation and Infrastructure Committee hearing, June 2, 2015, as recorded by C-SPAN
{{2015 railway accidents}}
{{DEFAULTSORT:Train derailment, Philadelphia, 2015}}
Category:2015 disasters in the United States
Category:Accidents and incidents involving Amtrak
Category:Criminal trials that ended in acquittal
Category:Derailments in the United States
Category:Railway accidents and incidents in Pennsylvania