Amtrak passenger sues trucking company following train collision

NEW ORLEANS - An Amtrak train passenger has filed a lawsuit against a trucking company after the train collided into a tractor-trailer that was on the train crossing.

Margie Clark filed suit against National Railroad Passenger Corp., Norfolk Southern, Daniel Thomas, Christopher Whatley, Randall E. Bray DL Peterson Trust, Textron Inc., Liberty Mutual Insurance Co., XYZ Insurance Co. and ABC Insurance Co. on March 26 in federal court in New Orleans.

The incident occurred on April 20, 2011, when the train struck a tractor-trailer owned by Textron or DL Peterson Trust.

Norfolk Southern was the owner of the railroad tracks which the Amtrak passenger train.

The truck driver is accused of negligence for failing to maintain proper control of their vehicle, failing to maintain proper lookout, failing to yield the right of way, failing to use reasonable vigilance, failing to heed the warning signs, devices, audible warning horn or whistle given as the train approached, and for failing to obey traffic laws.

The train engineers are accused of negligence for failing to maintain proper lookout, for operating the train in a careless and reckless manner, failing to use reasonable vigilance, failing to blow a horn or whistle to warn motorists of the train's approach, and failing to obey the appropriate laws and regulations.

Amtrak and Norfolk Southern are accused of negligence for failing to remove obstructions which interfered with the public's view of the track, failing to install or maintain all required warnings and signs along the tracks, failing to maintain a smooth crossing surface, and for failing to obey federal and state laws and regulations regarding the duties of the train operators.

Clark is seeking damages for physical pain and suffering, mental pain and suffering, lost wages, medical bills, interest and court costs.

The plaintiff is represented by New Orleans attorneys John D. Sileo and Kevin P. Riche.

U.S. District Judge Stanwood R. Duval is assigned to the case.

Case No. 2:12-cv-00795