A devastating train derailment has led to a lawsuit against two major railroad companies. On July 8, 2024, Tammy Kamrud filed a complaint in the United States District Court for the Northern District of Illinois against the National Railroad Passenger Corporation (Amtrak) and BNSF Railway Company.
The case revolves around an incident on September 25, 2021, when Tammy Kamrud and her minor child, Aspyn Kamrud, were fare-paying passengers on Amtrak’s Empire Builder 7/27 train. The train derailed near Joplin, Montana, causing severe injuries to both plaintiffs. According to the complaint, Amtrak operates this service line originating from Chicago’s Union Station and relies on tracks owned by BNSF Railway Company. The plaintiffs allege that both companies failed in their duties to ensure passenger safety. Specifically, they accuse Amtrak of neglecting to maintain its railcars and engines properly and failing to implement necessary safety measures such as proper train-control systems and speed restrictions. Similarly, BNSF is accused of not maintaining the track conditions adequately and failing to communicate critical information about track maintenance and conditions.
Tammy Kamrud asserts that these failures resulted in the derailment that left eight cars off the tracks, four of which turned on their sides. Both she and her daughter suffered physical injuries requiring hospitalization as well as emotional trauma from the accident. The complaint cites various lapses in duty by both defendants under common law and federal regulations. Among other accusations, it claims that Amtrak did not comply with its operational safety plans or federal standards of care while BNSF failed to inspect and maintain the tracks properly.
The plaintiffs are seeking compensatory damages for medical expenses, emotional distress, loss of enjoyment of life, disability, lost wages, and future medical care costs. They also reserve the right to seek punitive damages for what they describe as reckless disregard for passenger safety by both companies.
This article was first published in Cook County Record.
