Passengers Sue Trucking Co., Driver Over Amtrak Accident

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CHICAGO (AP) - Twelve passengers injured in the deadly collision of an Amtrak train and a truck at a rural crossing in March are suing the driver, his trucking company and the Illinois Central Railroad.

Robert Clifford, an attorney for the passengers, claimed in suits filed Monday that the driver was negligent "by not clearing the crossing by the time the Amtrak gates were activated."

He also accused the Illinois Central of failing to maintain the Bourbannais crossing properly.

The March 15 collision outside a Kankakee County steel plant killed 11 passengers and injured more than 100 aboard the City of New Orleans.

Named as defendants were driver John R. Stokes and his employer, Melco Transfer Inc. Also named was the Illinois Central Railroad. Stokes' attorney, Leonard Sacks, was not immediately available for comment. An Illinois Central spokesman could not be reached.

The driver had just left with a load of steel when the accident occurred. Federal investigators are trying to determine whether he tried to get around the gates to avoid waiting for the train.

Clifford said there was still a possibility that the Bourbonnais suits might eventually be amended to include Amtrak as a defendant.

He noted that the National Transportation Safety Board is investigating the crash.

"We're going to let that investigation give us some guidance as to how to proceed with any claims against Amtrak," Clifford said.

Under Illinois law, the suits don't ask for a specific dollar amount.