Later reports said that an agricultural vehicle damaged the track prior to the train's derailment, 25 feet (7.6 m) from impact.

According to the lawsuit, the truck from the Cimarron facility rolled downhill to the south, crossing U.S. Highway 50 and striking the side of the railroad tracks.

According to the lawsuit, Cimarron Crossing Feeders then called for a tow truck to remove the Kenworth "without permission or consent from BNSF," which owns the tracks.

It also states that a specific employee of Cimarron Crossing Feeders, one Arturo Carrillo, was working on loading the truck involved in the incident.

It also claims that Cimarron should have known that the damage to the track was a danger and yet they did not call Amtrak, BNSF or any law enforcement agencies.

[8] A liability trial was cancelled on November 28, 2018, after Cimarron Crossing Feeders admitted that its truck had caused track damage.