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Another wrongful death lawsuit emerges after Missouri train accident

Another wrongful death suit has been filed after the deadly train accident that occurred in Missouri last month. The accident killed three people and injured over 100 others after the train hit a dump truck that was attempting to cross the tracks. 

The family of 58-year-old Rachelle Cook has filed a lawsuit against MS Contracting LLC, BNSF Railway Co., and Mariano Rodriguez, a BNSF employee. 

It is stated in the lawsuit that Cook had just boarded the train with her sister, mother, and daughter. They were headed to Chicago when the accident occurred. Cook and her sister died from their injuries while the two others were seriously injured. 

The lawsuit states that the BNSF company failed to sufficiently inspect and maintain the railroad crossing. The claim also states that the company failed to cut back vegetation that blocked the view of drivers and oncoming trains. They did not add gates, bells, lights, or pave the crossing. 

According to the suit, the Missouri Department of Transportation budgeted $400,000 to improve the railroad crossing by adding gates and lights. BNSF did not use those tax dollars and made no improvements to the railroad crossing at any point. 

There are claims that the Roadmaster, Mariano Rodriguez, is guilty of negligence and is responsible for the deadly accident due to the lack of improvements on the crossing. It is claimed that he is responsible for maintaining the tracks and the surrounding areas to keep everyone safe. 

At the time of the accident, the driver of the dump truck was working with MS Contracting LLC. The lawsuit states that the company failed to train and supervise the employee to ensure safe driving. They said the company failed to enforce safety procedures and that the truck failed to yield the right of way to an oncoming train. 

The widow of the dump truck driver has also filed a wrongful death lawsuit following the accident. 

Have you been injured in an accident? 

If you or someone you know has been injured in an accident, the Accident Injury Legal Center can evaluate your case and get you in contact with an attorney. It is critical to have legal representation when filing a personal injury case to get the compensation you deserve. 

Call the Accident Injury Legal Center at 1-866-255-4870 to get your case evaluated for free. 

Resource 

KWCH Staff. (2022, July 14). Family of Kansas woman killed in Amtrak crash files lawsuit. Https://Www.Kwch.Com. Retrieved July 14, 2022, from https://www.kwch.com/2022/07/14/family-kansas-woman-killed-amtrak-crash-files-lawsuit/

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