Investigators say the Amtrak engineer saw the car stopped on the tracks and applied the brakes but couldn't stop in time.
At least two people were confirmed dead and about 17 others injured after an Amtrak train struck a backhoe, derailing the lead engine in Pennsylvania Sunday morning.
The complaint accuses Amtrak of "negligence and carelessness" in the May 12 derailment that killed eight people and injured more than 200.
The lead investigator for the National Transportation Safety Board says the Amtrak train sped up for a full minute before it derailed at a sharp curve.
An Amtrak train crashed Tuesday, May 12, 2015, near Philadelphia. Train 188 was traveling from Washington to New York City.