Transportation

Wife of Illinois software engineer killed in Montana train derailment sues Amtrak as NTSB probe continues

The wrongful death lawsuit was filed in federal court in Chicago — where the Empire Builder train en route to Seattle originated

By Luz Lazo
Yesterday at 7:19 p.m. EDT

An Amtrak passenger whose husband was killed when a train derailed over the weekend sued the company Tuesday in the first claim tied to the crash in rural Montana. ... The wrongful death lawsuit was filed in federal court in Chicago — where the Empire Builder train en route to Seattle originated — on behalf of the family of Rebecca Schneider and her husband, Zach, who were traveling to Portland, Ore., when the train derailed. Zach Schneider, 28, was killed in the crash, while Rebecca was injured. ... Zach Schneider, a software engineer from Fairview Heights, Ill., was among three people who died when eight of the 10 train cars derailed about 4 p.m. local time near Joplin, about 200 miles north of Helena, Mont. Dozens of others were injured.

[NTSB probes fatal Amtrak derailment in rural Montana; three victims identified]

The lawsuit, which also names track owner BNSF Railway, alleges that Zach Schneider died as a result of a “preventable tragedy” and that Amtrak and BNSF “had an obligation to prevent any trains … from traveling on their tracks unless Defendants could ensure that the tracks were safe.” ... The suit was filed by attorneys from Philadelphia-based Saltz Mongeluzzi & Bendesky, P.C., who represented victims in a fatal 2015 Amtrak derailment in Philadelphia that killed eight people and injured more than 200 others.

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By purchasing a train ticket, passengers agree to arbitrate any disputes, renouncing their right to take claims against the company to court. The forced-arbitration policy was added in January 2019 after the Philadelphia and Washington state crashes, which resulted in multimillion-dollar settlements for the victims.

[Lawmakers want to end Amtrak’s forced arbitration policy, calling it ‘anti-consumer’ and ‘unfair’]

Some members of Congress last year introduced legislation in both chambers to pressure Amtrak to restore the legal rights of Amtrak passengers and their families to bring disputes before a judge or jury. The nonprofit Public Citizen filed a lawsuit that was dismissed last year, but has been appealed in D.C. Circuit Court. It called the arbitration clause “unconstitutional” and asks that it be removed from the company’s ticketing terms.

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By Luz Lazo
Luz Lazo is a transportation reporter at The Washington Post covering passenger and freight transportation, buses, taxis and ride-sharing services. She also writes about traffic, road infrastructure and air travel in the Washington region and beyond. She joined The Post in 2011. Twitter https://twitter.com/luzcita