reporter: at issue with the lawsuits is a $200 million federal cap that applies to all claims as well as all victims of any single rail accident and investigators say that simply is not enough to cover the damages in this kind of crash, and now lawmakers are looking at possibly trying to increase that cap, carol. erin mcmclaughlin reporting live and thank you very much. now doug good morning. i want to make sure everybody understands, i am not a amtrak spokesman and i am retired from the railroad. we value transparency on the program, so i appreciate you saying that doug. the fbi says the train was not
the investigation into that derailment could take up to 12 months and the fbi said they found no evidence that gunfire hit the train and caused that damage to the doomed train s windshield. we have more live from philadelphia. good morning. reporter: carol, at the center of this investigation is 32-year-old brandon bostian, and he said he doesn t remember what happened. investigators look into a range of possibilities, from human error to something intentional. the fbi examined the circular marking on the windshield yesterday and concluded it was not the result of a bullet. they say bostian did not tell dispatchers the train was hit by a projectile and they say so far there is no indication of mechanical failure, and they say they are not ruling that out.
the ntsb said probable cause will be determined at the end of the investigation and the investigation could last up to 12 months and that is not unusual for this kind of investigation, carol. in the meantime more lawsuits being filed against amtrak. what can you tell us about them erin? reporter: that s right, carol. this morning we are learning of the lawsuit filed by an amtrak conductor alleging carelessness and negligence. yesterday there was a mass suit filed on behalf of the amtrak passengers and one passenger, his lawyer had a press conference and described his injuries. take a listen. fractured his ribs and bruised his lungs and knocked out his teeth and tore his acl and mcl, and he staggered out of the train to try and help others and literally when he tried to put weight on his leg, he collapsed to the ground.
the marines were out delivering supplies to victims of nepal s two massive earthquake. will ripley is in kathmandu with more. hi will. reporter: hi carol. within the last hour we got new information from the nepali military about how this helicopter was located. according to the nepali authorities it was locals on the ground in this area who spotted the wreckage and alerted the army they should probably get in the air and take a look. they launched the helicopters and you heard the u.s. general there in his press conference talk about the fact that napali helicopters spotted the wreckage and sent in teams on the ground and that s when they were able to verify it was the u.s. marine huey helicopter and they did find three bodies that are partially burned. they are still combing the crash site or at least that s the plan to resume tomorrow. treacherous weather forced them to stop those operations for the
do that in the next couple days. carol? in the meantime erin friends of this engineer are rushing forward to defend him, right? reporter: yeah. the friends are speaking out in his defense. james ware says he was safety conscious and took his job very seriously. he does not believe that he s at fault. he says he spoke with the engineer following the crash. take a listen. he s very distraught. he s very upset. he s very sorry. i don t think there s any foul play or anything like that. he was never one to do drugs. there s got to be something else. in fact when we were driving, he would never go above 5 miles an hour in the car. when i did when i was driving, he would fuss at me. reporter: bostian does seem to be someone who was concerned with safety and blog posts believed to be by bostian he