With lawsuits filed, it’s clear courts will also decide who’s at fault in Amtrak train derailment

A new lawsuit is being filed in the wake of Monday’s train derailment in north-central Missouri, but it is becoming clear that the courts will also be deciding who was at fault.The scene of Monday’s deadly derailment remained a busy place Thursday. New video showed federal investigators were still at work Thursday and still many months away from deciding how and why this happened.The latest lawsuit to be filed is coming from the wife of Billy Dean Barton II. He is the Brookfield, Missouri, man who drove the dump truck that was hit by that Amtrak train. She is suing Chariton County and a BNSF Railroad supervisor, alleging both knew the Porche Prairie Avenue crossing where the crash happened was not safe and did nothing about it.This one follows an earlier lawsuit filed in federal court by Amtrak and BNSF Railroad alleging the Brookfield, Missouri, company that owned the dump truck failed to properly train its driver, and that he failed to yield the right of way to the approaching Amtrak train.Passengers are also going to court. A Kansas couple is planning to sue Amtrak. Thirteen members of a Kansas City, Missouri, family who were on board, including 82-year-old Binh Phan, who died in the derailment, are exploring legal options. “But I hope that it can at some point provide a little bit of peace and calm in what I suspect is a tornado that they’re in the middle of right now,” said Sam Wendt, the Kansas City attorney representing them.Wendt said his firm is doing its own investigation and waiting for the NTSB to complete its report before deciding who the family will sue.The lawsuits are just beginning. With four people dead and more than 150 people hurt, law firms are reaching out.Watch the video above for the full story.

A new lawsuit is being filed in the wake of Monday’s train derailment in north-central Missouri, but it is becoming clear that the courts will also be deciding who was at fault.

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The scene of Monday’s deadly derailment remained a busy place Thursday. New video showed federal investigators were still at work Thursday and still many months away from deciding how and why this happened.

The latest lawsuit to be filed is coming from the wife of Billy Dean Barton II. He is the Brookfield, Missouri, man who drove the dump truck that was hit by that Amtrak train.

She is suing Chariton County and a BNSF Railroad supervisor, alleging both knew the Porche Prairie Avenue crossing where the crash happened was not safe and did nothing about it.

This one follows an earlier lawsuit filed in federal court by Amtrak and BNSF Railroad alleging the Brookfield, Missouri, company that owned the dump truck failed to properly train its driver, and that he failed to yield the right of way to the approaching Amtrak train.

Passengers are also going to court. A Kansas couple is planning to sue Amtrak. Thirteen members of a Kansas City, Missouri, family who were on board, including 82-year-old Binh Phan, who died in the derailment, are exploring legal options.

“But I hope that it can at some point provide a little bit of peace and calm in what I suspect is a tornado that they’re in the middle of right now,” said Sam Wendt, the Kansas City attorney representing them.

Wendt said his firm is doing its own investigation and waiting for the NTSB to complete its report before deciding who the family will sue.

The lawsuits are just beginning. With four people dead and more than 150 people hurt, law firms are reaching out.

Watch the video above for the full story.

Contributed by local news sources

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