Is an alternate Amtrak crash theory a cover for negligence?

In law week’s post, we discussed some of the legal issues arising from the recent Amtrak tragedy. Although civil liability may be the last thing on the minds of the surviving train victims, it is important for the legal process to fulfill its role. When the shock subsides, those who were injured may have to think about how to pay for their medical costs, lost wages, pain and suffering, and/or other damages.