ROSELAND - A conductor on the Amtrak train that derailed has filed a lawsuit against the company.

Attorneys for Emilio Fonseca, a conductor on Amtrak Train 188's first car, have filed a lawsuit due to the injuries he received from the crash.

"A broken neck, a broken back, two broken shoulders and serious head trauma," says attorney Bruce Nagel. "He's sitting in a hospital bed with drains embedded in his head."

According to Nagel, Fonseca was in the bathroom when the train derailed and sent him flying. He now has a long road to recovery ahead of him.

The lawsuit blames the lack of a positive control system, which it says would have prevented the 100 mph derailment. Eight people were killed in the derailment, and more than 200 were injured.

Four passengers have also filed suit against Amtrak. Nagel hopes these lawsuits will urge Congress to pass legislation to require safety controls on trains.

Amtrak intends to have positive train control devices installed along the Northeast Corridor by the end of 2015.

Amtrak declined to comment on Fonseca's lawsuit.