As federal safety investigators work to determine the factors that contributed to this week’s deadly train collision with a dump truck in Missouri, dueling lawsuits filed by Amtrak and BNSF Railway and the truck driver’s widow seek accountability and compensation in federal and state courts. Amtrak, which was operating the train Monday when three passengers were killed and more than 100 injured, and BNSF, which owns the tracks, sued MS Contracting on Thursday, accusing the company and its deceased driver, Billy Dean Barton II , for “negligently, carelessly and recklessly” operating a 2007 Kenworth dump truck hauling rock for the U.S. Army Corps of Engineers. Despite “clearly seeing the approaching Amtrak 4 train, Burton failed to yield the right of way … and instead attempted to cross the grade crossing resulting in a collision,” according to the lawsuit filed in U.S. District Court in Missouri . But a lawsuit filed by Erin Barton, the truck driver’s widow, claims BNSF and Chariton County, where the crash occurred, were negligent. “BNSF had indeed been warned by concerned citizens of the extremely dangerous nature of the crossing. However, he sat on his hands and failed to make sure the grade crossing was in proper condition or had active warnings to prevent this horrific accident,” said the lawsuit, filed this week in Chariton County Circuit Court. Death toll in Amtrak derailment rises as investigation begins The lawsuit also alleges the county was negligent in designing and maintaining the road leading to the crossing and that the road did not follow engineering standards for such crossings. “Physical defects in the road made it unsafe and dangerous,” according to the lawsuit. It cited “graded approaches, brush, trees and vegetation that obstruct full view of oncoming trains in some quadrants, and seasonal crops in surrounding fields that would further obstruct the driver’s view.” BNSF, county officials and Amtrak declined to comment. MS Contracting did not return calls seeking comment. Steven Groves, who represents the Barton family, said Billy Dean Barton was right. “That grade crossing was a trap,” Groves said. “It’s literally not possible to use it safely for someone driving a truck like it was when a 90-mile-an-hour train comes down the track like it did.” The speed limit along that line near Mendon was 90 mph. The National Transportation Safety Board said the Amtrak train, which was traveling from Los Angeles to Chicago, was traveling at 87 miles per hour. According to the Federal Railroad Administration, there were about 2,148 crossing incidents nationwide last year, killing 236 people and injuring 662.
