Peterson & Associates, P.C.

Our Blog

Lawsuits Filed in Connection with Missouri Train Accident

Categorized as Catastrophic Injuries, Personal Injury

Only days after an Amtrak train accident and crash in rural Missouri that resulted in four fatalities and up to 150 injuries, the first lawsuits have been filed.

Authorities said that Amtrak and BNSF Railway Firm filed a federal lawsuit on Thursday against the concrete contracting company whose dump truck was struck by the passenger train on Monday. This lawsuit holds MS Contracting in Brookfield, Mississippi, liable for the collision, alleging that the train was readily visible and that the truck driver crossed the rails carelessly.

Lawsuits Filed in Connection with Missouri Train AccidentThere are no lights, signals, or gates at the crossing where the crash happened to warn of an incoming train. Before the tragedy, locals and a federal traffic safety authority had voiced worries about the crossing’s safety, describing it as very steep and not properly outfitted. Evan Emmerich, the presiding county commissioner of Chariton County, said this week that county authorities had pushed for a safety enhancement at the train crossing for over three years now.

In the incident, the truck driver, a 54-year-old man from Brookfield, and three train passengers perished. On Thursday, the driver’s widow filed a wrongful death complaint in state court against Chariton County and BNSF representatives, who had previously described the crossing as hazardous.

Who is at Fault For Railroad Accidents?

Who you may sue if you are harmed in a train accident depends on the specifics of your case. In incidents involving railroad accident injuries, variables such as:

  • Whether the train operator committed a mistake
  • Whether an error occurred during normal maintenance
  • If a faulty product was utilized to maintain the train

Liable parties are the entities against which you may file a lawsuit and those who are accountable for compensating you for damages. The accountable party or parties in your case may involve a variety of persons or organizations, such as train operators, railroad owners or business owners, and product makers or distributors, despite the fact that your circumstance may be unique. Other responsible parties may include railroad service personnel or numerous parties simultaneously.

Statutes Regarding Railroad Accident Claims

According to the U.S. Senate, railroads are governed by both state and federal legislation, notably the Interstate Commerce Act. This legislation regulates the safety requirements of freight carriers and ensures compliance with specified criteria.

The Federal Railroad Administration (FRA) controls the safety of railroad operations, including ensuring passenger and employee safety and reliability. If the railroad operator breached safety laws, for instance, it is the responsibility of the FRA to ensure that these infractions are addressed.

Finally, you must consider the statute of limitations. This amount differs for victims of wrongful death and may also be affected by the specifics of your accident.

Attorney For Train Accidents in Kansas City

A train accident may have serious consequences for all those involved. Sadly, victims of such occurrences often get life-threatening injuries or die away. However, if you were injured or lost a loved one in a train accident, you may be able to pursue legal action.

Immediate contact with a train accident attorney in Kansas City might make a substantial difference in obtaining the justice you deserve.

If a train accident has dramatically impacted your life, contact an attorney immediately. Call the train accident lawyers at Peterson & Associates, P.A. in Kansas City for more information on filing a claim.

Please feel free to contact us at 816-888-8888. Remember that our team of seasoned, competent, and caring attorneys is accessible 24/7 to help you and your family.