Amtrak sues the owners of the truck struck in a fatal derailment in Missouri, alleging the driver knew it wasn't safe to cross the tracks when he did

·2 min read
Amtrak train flipped on its side after derailment in Missouri
Law enforcement personnel inspect the scene of an Amtrak train which derailed after striking a dump truck Monday, June 27, 2022, near Mendon, Missouri.Charlie Riedel/Associated Press
  • Amtrak is suing the company that owned the dump truck involved in a June 27 fatal derailment.

  • The train operator alleges that the truck driver recklessly crossed the tracks when it was unsafe.

  • The collision killed the driver of the dump truck and three train passengers.

Amtrak is demanding $75,000 from a Missouri contracting company after a train struck one of the company's dump trucks in a fatal derailment on June 27.

In the lawsuit filed on Thursday against MS Contracting, Amtrak alleges that the dump truck driver, Billy Dean Barton II, could see the train coming but decided to cross anyway.

"Despite the fact that it was unsafe, careless and reckless to do so because of the clearly visible approaching Amtrak Train 4, Barton failed to yield the right of way to the approaching Amtrak Southwest Chief Train 4," the lawsuit, seen by Insider, says.

The collision killed three train passengers and the dump truck driver, Amtrak said in a press release earlier this week.

A lawyer representing Amtrak, Sean Hamer, referred Insider to Amtrak's Chicago office, which didn't immediately respond to requests for comment.

In the lawsuit, Amtrak alleges that MS Contracting is to blame for the crash, saying the company failed to train Barton properly.

Amtrak alleges that MS Contracting "negligently, carelessly and recklessly failed to properly train and supervise its employees, including Bill Barton, causing the collision and derailment of Amtrak Train 4."

MS Contracting did not answer calls from Insider.

Over 240 passengers were on board the train headed from Los Angeles to Chicago when it struck the dump truck near Mendon, Missouri, at around 12:24 p.m. local time, flipping several train cars on their sides.

Photos and video from social media showed passengers climbing out of the windows to escape the sideways train cars. At least 50 people were injured.

Read the original article on Business Insider