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Days after the deadly Amtrak train collision in rural Missouri, which left four dead and 150 injured, two lawsuits have been filed against Amtrak, BNSF Railway Co. and MS Contracting LLC.
The first lawsuits have been filed just days after a collision and a derailment of Amtrak trains in rural Missouri that left four people dead and up to 150 injured.
Four passengers and two crew members on the Amtrak train filed civil lawsuits against Amtrak, BNSF Railway Co., and the trucking company, MS Contracting LLC. Meanwhile, Amtrak and BNSF Railway have filed a federal lawsuit alleging that the negligence of a Missouri truck company caused the fatal crash.
An Amtrak train that derailed after hitting a dump truck is seen past a cornfield Monday, June 27, 2022 near Mendon, Missouri | AP newsroom
In the first lawsuit, surviving passenger Janet Williams of Dubuque, Iowa, alleges the negligent design of the railroad crossing near the town of Mendon, and says the train was full of too many passengers, creating “wagon conditions. cattle “.
The Amtrak and BNSF lawsuit, which was filed Thursday in the U.S. District Court for the Eastern District of Missouri, names MS Contracting as the defendant. The lawsuit said the train was “clearly visible” and the driver of the truck was neglected when crossing the tracks.
THE AMTRAK TRAIN CHICAGO ROUTE STARTS AFTER BOARDING A VOLQUET TRUCK IN MISSOURI, AT LEAST THREE DEAD
According to the lawsuit, the driver of the dump truck, Billy Barton II, 53, was delivering stones, “by and on behalf of MS Contracting” in a truck owned by the company on the day of the accident.
The lawsuit alleges that the cost of the accident and the derailment of BNSF and Amtrak, “damages well in excess of $ 75,000” each.
“MS Contracting operated the dump truck negligently, recklessly and recklessly, causing the Amtrak 4 train to collide and derail,” the lawsuit states.
The pass is located in a rural area about 84 miles northeast of Kansas City, has no lights or other signs to warn of an approaching train. Farmers had previously expressed concern about the safety of the crossing, described by locals and a federal transport safety officer as highly pronounced.
Missouri County said residents and county leaders have been pushing for improved safety on the railroad crossing for nearly three years.
In an email to The Associated Press, Chariton County Presidential Commissioner Evan Emmerich said Resident Mike Spencer first raised concerns about the dangerous crossover at a December 2019 commission meeting.
Spencer was told to contact the Missouri Department of Transportation’s rail safety division. A week later, the state agency told residents it “is in its plans to repair.”
Emmerich continued “to express our concern about the visibility issue” at the intersection by contacting the railway safety division and BNSF Railway Co., owner of the track.
In January, the Missouri Department of Transportation presented its “State Freight and Railroad Plan.” The plan includes the installation of lights and doors at the intersection.
This satellite image provided by Maxar shows an Amtrak train, on the right, which derailed the day before along the railway line and dozens of cars, heavy lifting equipment and rescue vehicles located nearby, the Tuesday, June 28, 2022, near Mendon, Missouri | AP newsroom
MISSOURI ACCIDENT IS THE LAST AMTRAK RECORD OF ACCIDENTS AND FORTAL ACCIDENTS
Two passengers on the train, Rochelle Cook, 58, and Kim Holsapple, 56, both of DeSoto, Kansas, died at the scene. A third passenger, Binh Phan, 82, of Kansas City, Missouri, died Tuesday at a hospital.
Williams’ lawsuit said she “suffered serious injuries and that altered her life” when she was suddenly thrown from her seat, hit by luggage and crushed by other passengers as her train car turned sideways. One of his lawyers, Robert J. Mongeluzzi, said in a statement that Amtrak and BNSF “did not use basic safety devices for railroad crossings, such as warning lights and walkways.”
A BNSF spokeswoman said the company does not comment on the pending litigation. A message left with Amtrak was not returned immediately.
The Amtrak Southwest Chief train was traveling from Los Angeles to Chicago and was carrying 275 passengers and 12 crew members when it derailed around 12:42 local time in rural Missouri, according to the company. The National Transportation Safety Board said Wednesday the train was traveling at about 87 mph, below the 90 mph speed limit, when the collision occurred.
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The driver of the truck, Billy Barton II, 54, of Brookfield, died in the collision, along with three passengers on the train. His widow, Erin Barton, on Thursday filed a death warrant for negligence in state court against Chariton County and a BNSF official cited the crossing as dangerous.
Since 2015, people have been injured or killed in at least seven accidents involving Amtrak trains.
The Associated Press contributed to this report.