US investigators say they are still trying to determine whether an Amtrak engineer used his phone at the controls of the train in a deadly derailment in Philadelphia
Bostian's lawyer says he kept the phone in a bag, using it only to call for help afterward. The May 12 derailment killed 8 people and injured more than 200. Investigators are looking into why the Washington-to-New York train was going double the 50 mph (80 kph) limit around a sharp curve.
