FIRST LAWSUITS FILED AS A RESULT OF TRAIN EXCURSION COLLISION
by admin on October 28, 2014 in Cases
The first lawsuits were filed against the Arkansas & Missouri Railroad as a result of the head-on collision that occurred between two of the company’s engines on October 16, 2014. The lawsuits, filed by Sean Keith of Rogers and his co-counsel Tom Wagstaff of Kansas City, were filed in Washington County Circuit Court in Fayetteville on behalf of two passengers. The passengers were two of thirty-nine taking the excursion trip between Springdale and Van Buren. Both suffered serious injuries, with one losing consciousness and suffering a concussion, and the other suffering a deep laceration and contusions to her leg and foot, which she continues to be treated. All thirty-nine passengers, along with six crew members, were taken for medical treatment.
The initial investigation has revealed that the engine carrying the passengers stalled. The engine that was dispatched to assist the stalled engine was traveling at excessive speeds and crashed head-on into the passenger train. The lawsuits allege that the A&M Railroad Company, in addition to steering the second train at a high rate of speed, did not follow proper safety procedures, including failing to maintain the tracks and equipment, failing to communicate regarding the location of the stalled train, and failing to monitor the location of both the stalled train and the assisting train. Additionally, the chairs in which the passengers were seated were not securely fastened to the floor.
Last week, the A&M Railroad announced that it was once again operating the excursion and assured passengers that the equipment had been repaired and inspected. Sean Keith, one of the attorneys for the passengers, said, “While A&M has announced that it is back and running, we still have no answers as to how this was allowed to happen in the first place. There was a safety failure at multiple levels that exposed these passengers to injuries. The train company has been very aggressive in contacting these passengers, and I would encourage any passengers that were injured on this train to contact an attorney before signing off on any legal documents.”