AMARILLO, TX (KFDA) - The sole survivor of the head-on train collision in Panhandle this past June is now suing BNSF.
Derek Schilling was an engineer on the west-bound train, who jumped to safety moments before his train collided head on with another train headed east..
He filed a lawsuit against BNSF on November 16th seeking "monetary relief over $1,000,000."
Below is a copy of the lawsuit filed in Tarrant County by Derek Schilling.
Schilling's lawyer, Scotty MacLean, stated he has been left with serious orthopedic and psychological injuries.
He will also need at least 2 more surgeries.
"At this time Mr. Schilling is unable to return to work for the BNSF," said MacLean in a statement. "This lawsuit has been brought pursuant to the Federal Employers Liability Act which is the law that covers railroad workers when they are injured on the job."
Schilling is filing to recover damages for past and future lost wages, medical expenses, pain and mental anguish and loss of the enjoyment of life.
The crash is still being investigated by the National Transportation Safety Board (NTSB).
They only released this information on the lawsuit:
"As a matter of policy, the NTSB does not comment on pending litigation."
BNSF was also unable to comment, but Director of Public Affairs Joe Faust was able to supply us with this statement:
"The incident involving BNSF employee Derek Schilling continues to be investigated by the National Transportation Safety Board. Under the board's rules BNSF is prohibited from commenting on the circumstances of the incident. As we have said previously, the entire BNSF family was affected by this unfortunate incident and we have worked closely with Mr. Schilling to assist with his recovery, which includes providing financial support for his medical care. We intend to continue support as needed."