ALBEMARLE COUNTY, Va. (WVIR) - The father of one of the men who was riding in a trash truck that collided with an Amtrak train in Crozet earlier this year has filed a $10 million-dollar civil lawsuit.

Dennis James Patrick Eddy is still recovering at Virginia Commonwealth University Brain Injury Inpatient Rehabilitation. According to a grand jury indictment, Eddy has suffered permanent physical injuries.

The lawsuit is against CSX Transportation, who owns the rail track, and Buckingham Branch Railroad, who operates it. Plaintiffs are arguing that the companies knew about problems with the lights and gates at the railroad crossing on Lanetown Road before the crash on January 31.

The lawsuit, which was filed Friday, September 7 claims the gates came down on top of or around the Time Disposal truck.

It is believed that Eddy was sitting between the driver, Dana Naylor Junior, and passenger Christopher Sachem Foley.

Foley was killed in the crash.

A preliminary investigation by the National Transportation Safety Board said Naylor drove around the gates.

Naylor is charged with involuntary manslaughter and DUI maiming. He is currently out on bond. A motions hearing is scheduled for December 3, ahead of a three-day trial expected to begin February 25, 2019.

A GoFundMe page has so far raised more than $18,000 for Eddy.