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The widow of a truck driver killed in an Amtrak clash filed a wrongful death litigation

The widow of a man who was killed when a driving truck hit an Amtrak train10} This week, a wrongful death lawsuit was filed. In the proceedings, Erin Burton argues that the Missouri railroad crossing, where Billy Dean Barton II died, was "super-dangerous," partly because the defendants were unable to maintain the intersection.

The first of the two defendants is Mariano Rodriguez, Manager of Engineering at BNSF Railway. Rodriguez said he was responsible for ensuring "safety, proper inspection and maintenance" of railroad crossings near Mendon. 

However, the widow has a "triangle of vision" at the intersection, an "excessively small intersection angle", and an oncoming train with a sloping approach, brushes, and some quadrants. The trees and vegetation that obstruct the whole view of the intersection. "She said," The surface of the intersection was narrow, rough and poorly maintained. "

A photo of an Amtrak train derailed in Missouri.  Ron Goulet

In addition, there are no "bells, gates, or lights" at intersections to warn vehicles of an approaching train. was. The suit, a sign that the railroad was nearby, says.

"These conditions at the intersection created a very dangerous intersection," the proceedings said, and the conditions have been so for years. I added that it was a good one.

The proceedings quoted the fact that it takes a considerable amount of time (perhaps up to a mile) for a train to stop completely. “This fact makes it important for intersections to be properly guarded, inspected and maintained for safety,” he says.

Given the safety concerns of these allegations, Rodriguez "knew or should have known that the Porsche intersection poses a serious danger to the public," the proceedings said. 

On June 27, these failures led to fatal clashes and derailments, and the proceedings alleged. Erin Burton's husband was driving a dump truck at the intersection, and she "did not see or hear the train with the proper warnings to safely cross the railroad tracks."

The crash killed him and three others on a train carrying 275 passengers and 12 crew members from Los Angeles to Chicago. Many others were injured in this incident. 

Erin Barton is seeking $ 25,000 and prejudiced interest on the costs incurred from filing the proceedings.

She is also suing Shariton County, Missouri, where the crash took place, for the same compensation. The proceedings allege that the county did not meet its obligations to properly design, inspect and maintain roads, including approaches to intersections. The county also violates some road standards.

Prior to the crash, residents had reported some problems at the intersection to the county road authorities, the proceedings said. Therefore, the proceedings allege that the county is aware of the problem and that its negligence was "caused or directly contributed" to Burton's death.

This is the first reported proceeding filed as a result of the crash. Another law firm said in a CBS News statement that more than 10 derailed victims, including the families of dead men, hired lawyers "to represent their interests."

16 National Transportation Safety Board investigators were on the scene trying to determine the cause of the crash, Jennifer Homendy said Wednesday. They download the train event recorder and examine the train's two forward-looking cameras and the electronic control module of the dump truck.

She recommends that the NTSB "for years" convert, close, or integrate passive intersections such as near Mendon into active intersections. Said. She also pointed out in a 1998 NTSB survey that it recommended that vehicles be equipped with technology that warns drivers about trains in the area.

Amtrak said on Monday night that knowing the dead was "deeply sad" and that he was working with local governments. .. 

  • missouri
  • Amtrak
  • Train accident
Sophia Don

Sophie Reardon is a news editor on CBS News.

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