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Amtrak Sues Trucking Company for Negligence in Deadly Crash

Posted on July 20, 2011 to

Amtrak’s owner filed a negligence lawsuit last month against a trucking company in connection with the fatal train collision that killed six people in Nevada. The National Railroad Passenger Corp. named John Davis Trucking Co. as the defendant in U.S. District Court.

According to the complaint, Amtrak alleges that the defendant should have known that its driver was unqualified to drive the tractor-trailer that collided with the train. The truck driver died in the June 24 crash. An investigation revealed that the railroad crossing signals were operating as the truck driver approached the tracks. In addition, the Amtrak train sounded its horn to alert vehicles at the railroad crossing. Despite the signals and the horn, the truck driver barreled through the crossing and struck the train. A driver behind the accused truck driver said he did not even brake before colliding with the train.

Amtrak alleges it suffered over $10 million in property damages. That amount could rise as Amtrak factors in its loss of rail cars and loss of business caused by the accident. In its complaint, Amtrak asked to amend the complaint once a more exact damage amount is available.

The National Transportation Safety Board (NTSB) continues to investigate the wreckage, which it has shipped to a maintenance yard in Nevada.

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P.

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