Two more lawsuits filed after train wreck in Chariton County

Workers inspect the scene of an Amtrak train which derailed after striking a dump truck Monday,...
Workers inspect the scene of an Amtrak train which derailed after striking a dump truck Monday, June 27, 2022, near Mendon, Mo. (AP Photo/Charlie Riedel)(Charlie Riedel | AP)
Published: Jul. 1, 2022 at 3:09 PM CDT
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KANSAS CITY, Mo. (KCTV) --- Two more lawsuits have been filed Friday following this week’s deadly train crash in Chariton County, Mo.

Schlichter Bogard & Denton, a law firm in St. Louis, filed suits on behalf of four passengers and two Amtrak crew members who were on the train.

“This is a tragedy that would never have happened if the railroads had acted on warnings they had for years. This was a highly dangerous crossing, without flashers, with very steep inclines, loose gravel, and limited visibility, and a train going about 90 miles per hour,” said Jerry Schlichter of Schlichter Bogard & Denton.

The suit alleges that Burlington Northern Santa Fe Railroad (BNSF), Amtrak, and MS Contracting all share responsibility in the crash, which killed four people and injured over 100.

One of the passengers involved in this lawsuit is from Lawrence, Kan., and another is from Lansing, Kan.

Statement from the law firm:

“The suit alleges, that for years residents of Chariton County reported this as a highly dangerous crossing, particularly for slow moving farm tractors and heavy trucks because of its steep inclines, loose gravel on the approach, impaired field of vision, and high-speed trains.

The suit also states that a farmer, Mike Spencer, of Mendon, MO, took a video of the crossing, with a train passing, approximately two weeks before the incident and warned BNSF, which owns the tracks, of the dangers. The lawsuit alleges that the BNSF failed to properly maintain the crossing, failed to upgrade the level of protection to flashers or gates, and failed to warn people of the dangers.

The suit also states that the Missouri Department of Transportation, over a year prior to the incident, recommended that gates and flashers be installed because of its danger, but the BNSF failed to follow that recommendation.”