Who are we representing?

We are working on behalf of passengers and railroad crew members.

What are the details surrounding the crash?

On Monday, June 27, 2020, Amtrak’s locomotive, Southwest Chief, was traveling from Los Angeles to Chicago — with stops along the way to pick up additional passengers — when it collided with a dump truck near Mendon, Missouri. Seven passenger train cars were instantly derailed and overturned. The dump truck was smashed to pieces.

Investigators are still trying to determine why the dump truck was positioned on the railroad tracks, but various sources have relayed that residents had been complaining that brush overgrowth and the steep incline from the road to the tracks limited visibility in both directions and created an extremely dangerous intersection, especially for drivers of slow moving farm equipment. The dump truck itself was involved in a routine rock hauling project that had been ongoing for days.

In a statement, Amtrak relayed that there were 275 passengers and 12 crew aboard the Southwest Chief at the time of the accident.

As of this writing, there have been four fatalities, including three passengers and the driver of the dump truck. There have also been multiple injuries related to this devastating crash.

Has a lawsuit been filed?

Yes. We filed lawsuits on July 1, 2022 on behalf of four passengers and two Amtrak crew members involved in the collision. Our suit alleges that Burlington Northern Santa Fe Railroad (BNSF), Amtrak, and MS Contracting, LLC, a trucking company, are responsible for causing the collision.

Our suit alleges that for years, residents of Chariton County reported the railroad crossing in question as highly dangerous, 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. Our 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.

Our 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.

If I was involved in the crash, what sort of compensation could I potentially receive?

As shocking as it may seem, a train crash itself can be just the beginning when it comes to victims’ hardship and injuries. Often, injured passengers’ lives are virtually suspended while dealing with seeking treatment, missing work, and undergoing therapy and/or rehabilitation.

At Schlichter Bogard, our aim is to make injury victims whole. To that end, our work is designed to help victims obtain compensation, including for medical and rehabilitation costs as well as wage loss, mental health bills, and/or loss of consortium. There is no certainty of recovery, which is why it is important to take immediate action.

I lost a loved one in this crash. Is this lawsuit applicable to me?

We are terribly sorry to hear of your loss. The loss of a loved one’s life is the single most profound tragedy we all fear. Please contact our office, and we can discuss whether filing a wrongful death claim is a possible option. You can reach us by phone (800-873-5297) or email (railroad@uselaws.com).

What is Amtrak?

Amtrak, a federally supported company, was founded in 1971. From that time forward, Amtrak’s services have expanded to operate more than 300 passengers trains daily in nearly every contiguous U.S. state and Canada, serving more than 30 million passengers each year.

We are investigating the facts to determine the parties responsible for this tragedy.

Why choose Schlichter Bogard to fight for you?

This tragic incident requires extensive investigation of the railroad’s operations, and expertise in laws applicable to railroads and railroad operations. Our firm commands respect throughout the industry for our aggressive representation of railroad employees as well as individuals injured in railroad crashes. Our precedent-setting victories on behalf of people injured throughout the country, including in railroad incidents, are unrivaled. Learn more about our injury practice here.

How much will our legal services cost you?

We are only paid if we win your case.

To be clear, there is no fee unless and until we bring your case to a successful resolution.