ALBEMARLE COUNTY, Va. (CBS19 NEWS) -- The father of a man seriously injured in a train-trash truck crash earlier this year has filed a lawsuit, claiming the railroad was negligent.
In a complaint filed in Albemarle County Circuit Court on Friday, Dennis James Eddy, the father of Dennis James Patrick Eddy, says the crossing signal was not functioning at the time of the Jan. 31 crash.
According to the lawsuit, the Time Disposal truck crossed the white line at the Lanetown Road crossing when the crossing lights were not flashing and the arms were up.
It says the arms came down after the truck was already on the tracks, trapping it.
A special Amtrak train carrying Republican members of the U.S. Congress to a retreat in West Virginia hit the back corner of the truck, causing serious injuries to the younger Eddy and killing Christopher Foley.
The lawsuit claims there was not adequate warning to keep the truck off the tracks when the train was approaching or for the three people in the trash to get out after the crossing arms came down.
It says the Buckingham Branch Railroad Company and CSX were negligent in maintaining the functionality of the crossing signal.
It also says that particular signal has a history of malfunctioning, including failing to activate and activating when no train was approaching.
A National Transportation Safety Board report says the truck went around the crossing signal after the arms had already come down, and that caused the crash with the train.
The lawsuit is asking for $10 million in damages.
The driver of the truck, Dana Naylor, Jr., has been indicted on charges of involuntary manslaughter and DUI maiming for the crash.