Shunting Ideas Around: What is Amtrak Thinking?
Welcome to Shunting Around Ideas, an editorial series on The Occasional Express. Today, I will be discussing the recent change to Amtrak's policy.
Amtrak hasn't been very popular in recent years with rail enthusiasts. The government-run passenger company decided to stop giving insurance out to nonprofits who ran excursions in 2018. However, Amtrak's more recent policy change is much more controversial, and dangerous.
According to Railway Age, Amtrak has changed their policy regarding lawsuits. In summary: Amtrak has made it so customers who buy a ticket agree to "mandatory" arbitration, which essentially means passengers (and their families) agree not to sue them. This includes, but is not limited to:
But does that make it right?
Personally, no. Especially given what lead to Amtrak's decision.
On May 12, 2015, Amtrak Northeast Regional Train No. 188, carrying 238 passengers, was involved in a derailment on a curve. Eight people were killed, and 200 were injured. This year, the survivors were granted a $265 million court settlement. So it was no coincidence that Amtrak made the change this year.
To make a change after a tragic accident feels vastly inappropriate and disrespectful to the survivors and families of those who died. The change also means that Amtrak will not be as easily held accountable for mistakes. This ranges from a ticket complaint up to wrongful deaths, such as in an accident.
But why? To save on costs. According to an article by Politico, Amtrak had to spend $11 million on legal costs in the last 5 years. The action could be considered a "bean counting" measure to cut costs, which might cut Amtrak more in terms of any negative publicity they gain from their new policy change.
Another concern which Railway Age did not discuss (which may not apply, so I apologize if it is irrelevant) is discrimination. Given the era we are living in, where it feels that discrimination and hate crimes are on the rise, what is Amtrak thinking? Does this clause mean that if an Amtrak employee says something discriminatory to a passenger, can that passenger not sure if Amtrak does nothing?
On a less serious concern, Amtrak is reliant on the US Government for funds to run, and they do not want to get on the bad side of representatives. Which, according to Railway Age's article, they are beginning to do so.
Julia Duncan, the Director of Government Affairs, American Association of Justice, called it "one of the most anti-consumer and passenger clauses I have ever seen." Senator Richard Blumenthal of Connecticut is beginning to look into the change. Amtrak already upset congress members this year when they proposed cutting their long distance trains, and I predict that this change will also upset congress.
The Supreme Court has ruled that arbitration is legal because no one is forcing you to use a service. It has also been used by railroad companies before. However, that does not mean its ethically right.
So, what should we do? I recommend that anyone who disagrees with the change to message your representatives in congress, and ask them to make arbitration legal. You can find them by using this link:
www.house.gov/representatives/find-your-representative
What are your thoughts on the change? Do you agree or disagree? Will it affect if you ride with Amtrak? Let us know on Twitter and Facebook, links can be found in the side panel.
Thank you for reading this issue of Shunting Ideas Around. If you like this editorial series, let us know.
On behalf of The Occasional Express, I wish to say my condolences to the survivors of the 2015 Amtrak Crash and the families of those who died. A crash of any kind is tragic. We apologize if our coverage of this event came off as disrespectful in any way, as it is unintentional.
Sources:
"Amtrak Defends its Arbirtation Policy." Politico. 5 December, 2019.
ww.politico.com/newsletters/morning-transportation/2019/12/05/amtrak-defends-its-arbitration-policy-783326
"Amtrak's 'Mutual Agreement to Arbitrate.'" 10 November, 2019.
www.railwayage.com/passenger/intercity/amtraks-mutual-agreement-to-arbitrate
"Amtrak Train 188 Derails in Philedelphia, 8 Dead." Railway Age. 13 May, 2015.
www.railwayage.com/news/amtrak-train-188-derails-in-philadelphia/?RAchannel=home
"Happening Now: Hotline #1060." Rail Passengers Association.
www.railpassengers.org/happening-now/news/hotline/hotline-1060
Amtrak hasn't been very popular in recent years with rail enthusiasts. The government-run passenger company decided to stop giving insurance out to nonprofits who ran excursions in 2018. However, Amtrak's more recent policy change is much more controversial, and dangerous.
According to Railway Age, Amtrak has changed their policy regarding lawsuits. In summary: Amtrak has made it so customers who buy a ticket agree to "mandatory" arbitration, which essentially means passengers (and their families) agree not to sue them. This includes, but is not limited to:
- Negligence
- Physical Impairment
- Pain & Suffering
- Emotional Distress
- Damages rising from any injury
But does that make it right?
Personally, no. Especially given what lead to Amtrak's decision.
On May 12, 2015, Amtrak Northeast Regional Train No. 188, carrying 238 passengers, was involved in a derailment on a curve. Eight people were killed, and 200 were injured. This year, the survivors were granted a $265 million court settlement. So it was no coincidence that Amtrak made the change this year.
 |
| The aftermath following the tragic derailment. By National Transportation Safety Board - Preliminary Report: Railroad DCA15MR010 (released June 2, 2015), Public Domain, https://commons.wikimedia.org/w/index.php?curid=40686674 |
But why? To save on costs. According to an article by Politico, Amtrak had to spend $11 million on legal costs in the last 5 years. The action could be considered a "bean counting" measure to cut costs, which might cut Amtrak more in terms of any negative publicity they gain from their new policy change.
Another concern which Railway Age did not discuss (which may not apply, so I apologize if it is irrelevant) is discrimination. Given the era we are living in, where it feels that discrimination and hate crimes are on the rise, what is Amtrak thinking? Does this clause mean that if an Amtrak employee says something discriminatory to a passenger, can that passenger not sure if Amtrak does nothing?
On a less serious concern, Amtrak is reliant on the US Government for funds to run, and they do not want to get on the bad side of representatives. Which, according to Railway Age's article, they are beginning to do so.
Julia Duncan, the Director of Government Affairs, American Association of Justice, called it "one of the most anti-consumer and passenger clauses I have ever seen." Senator Richard Blumenthal of Connecticut is beginning to look into the change. Amtrak already upset congress members this year when they proposed cutting their long distance trains, and I predict that this change will also upset congress.
The Supreme Court has ruled that arbitration is legal because no one is forcing you to use a service. It has also been used by railroad companies before. However, that does not mean its ethically right.
So, what should we do? I recommend that anyone who disagrees with the change to message your representatives in congress, and ask them to make arbitration legal. You can find them by using this link:
www.house.gov/representatives/find-your-representative
What are your thoughts on the change? Do you agree or disagree? Will it affect if you ride with Amtrak? Let us know on Twitter and Facebook, links can be found in the side panel.
Thank you for reading this issue of Shunting Ideas Around. If you like this editorial series, let us know.
On behalf of The Occasional Express, I wish to say my condolences to the survivors of the 2015 Amtrak Crash and the families of those who died. A crash of any kind is tragic. We apologize if our coverage of this event came off as disrespectful in any way, as it is unintentional.
Sources:
"Amtrak Defends its Arbirtation Policy." Politico. 5 December, 2019.
ww.politico.com/newsletters/morning-transportation/2019/12/05/amtrak-defends-its-arbitration-policy-783326
"Amtrak's 'Mutual Agreement to Arbitrate.'" 10 November, 2019.
www.railwayage.com/passenger/intercity/amtraks-mutual-agreement-to-arbitrate
"Amtrak Train 188 Derails in Philedelphia, 8 Dead." Railway Age. 13 May, 2015.
www.railwayage.com/news/amtrak-train-188-derails-in-philadelphia/?RAchannel=home
"Happening Now: Hotline #1060." Rail Passengers Association.
www.railpassengers.org/happening-now/news/hotline/hotline-1060
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