The widow of the truck driver that was killed in the train crash has filed a wrongful death lawsuit.
Billy Barton was operating a dump truck when he attempted to drive over the “Porche crossing” on Porche Prairie Avenue. An Amtrak train was traveling at 90 mph when it collided with Burton’s vehicle, killing him and three other passengers.
The lawsuit that was filed argues that Barton did not “see or hear the train coming with adequate warning to safely cross the tracks.”
The widow, Erin Barton, filed a lawsuit against Chariton County and BNSF roadmaster Mariano Rodriguez.
Mariano Rodriguez is a manager of BNSF’s engineering and maintenance of way department. It is written in the lawsuit that he is responsible for inspecting and keeping the company’s right of way up to code.
Erin Barton argues that the county and Rodriquez are guilty of negligence for leaving the road and the railroad crossing in dangerous condition.
The lawsuit argues that the Porche crossing had impaired sight triangles and a very small crossing angle at the intersection, which resulted in the driver’s visibility being hindered. The suit also alleges that the sloped portion of the crossing, along with the crops and trees blocked a driver’s full view of oncoming trains.
Erin states that the crossing is poorly maintained, dangerous, and has been for years. She alleges that Rodriguez should have been aware of the condition of the Porche crossing and should have taken action.
Additionally, the suit states that the county is responsible for designing, inspecting, and maintaining its roads. She explains that the county authorities should have known that the crossing was in poor condition.
Barton’s attorneys are asking for a jury trial and more than $25,000 in damages per defendant.
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Resource
Koch, M. (2022, June 30). Widow files first wrongful death lawsuit in Missouri Amtrak train crash. Fox 4. Retrieved June 30, 2022, from https://fox4kc.com/news/missouri-news/widow-files-first-wrongful-death-lawsuit-in-missouri-amtrak-train-crash/