Attorneys representing Binh Phan, 82, filed the lawsuit Tuesday in Chariton County, Missouri, Circuit Court.
The lawsuit alleges a wrongful death claim against MS Contracting, the business operator of a dump truck that was struck by the train at a railroad crossing on June 27 near Mendon, Missouri.
Phan was one of three passengers on the train who died from injuries when the train derailed. The driver of the dump truck was also killed in the crash.
COMPLETE COVERAGE: Amtrak train derailment
The National Transportation Safety Board is continuing its investigation into the crash.
Family members of Rachelle Cook, of De Soto, Kansas, filed a wrongful death lawsuit earlier this month.