KEYTESVILLE, Mo. — The family of a woman killed in the June 27 derailment of Amtrak’s Southwest Chief has filed a wrongful death suit in the county where the accident occurred, naming the company whose truck was struck by the train, BNSF Railway, and a BNSF employee as defendants.
Rachelle Cook, 58, of De Soto, Kan., was one of three train passengers killed when the Chief struck a dump truck at a grade crossing near Mendon, Mo., overturning the train and killing the truck driver.
Those filing suit in Chariton County Circuit Court include Cook’s husband; three adult children, including one who was traveling with Cook and suffered injuries; the husband of that injured passenger; and Cook’s mother, who was also on the train and suffered injuries.
The suit claims BNSF “knew or should have known” that the crossing where the accident occurred “posed an unreasonable danger to the public,” and that the railroad did not address deficiencies at the grade crossing where the accident occurred or properly maintain the crossing. It also names the BNSF roadmaster for the area, saying he “did nothing to ameliorate the danger to motorists or train occupants” at the grade crossing. It also claims truck owner MS Contracting failed to operate the truck with reasonable care, train its driver, or enact policies ot ensure the truck was operated safely.
The suit is part of a growing list of legal actions, including suits filed by passengers, crew members, the widow of the truck driver, and BNSF and Amtrak [see “More lawsuits filed …,” Trains News Wire, July 5, 2022].
The widow of the truck driver filing suit? After the driver started the chain of events that caused the accident! But there are too many ambulance chasing lawyers who have no morals.
I wonder did dump truck stop an proceed or did it just try to beat train.
One day a tragedy. The next, a lawsuit magnet.