Sharon Jobson says she is being sued for $500,000 for the July 29, 2011 crash that saw her 22-year-old son's pickup truck collide with a westbound Via Rail train in Glencoe, Ont.
John Jobson died from his injuries six days later in hospital while six of the 116 passengers aboard the train were hurt.
Track owner CN (TSX:CNR) claims in its lawsuit that Jobson was "wholly responsible" for the rail crossing collision, alleging he was an incompetent driver who was speeding at the time.
The company claims it paid a substantial amount to repair tracks which were damaged by the collision that derailed the train.
The claims contained in the lawsuit have not been tested in court.
Sharon Jobson says she is stunned by the lawsuit, which comes weeks before the two-year anniversary of her son's death.
She says the crossing is marked only by a stop sign but is now having safety equipment installed.
"I really just couldn't believe it, I was in shock. I couldn't believe that after everything we've been through," she said.
"We have the lights and gates coming. I think the whole town was happy that this was going to be a safe crossing. We've had two deaths at that crossing, and I think everybody thought that was the end of this."
CN spokesman Mark Hallman declined comment as the matter is before the courts.
A Transportation Safety Board report on the collision said buildings along the road and track vegetation prevented John Jobson and the train from seeing each other before the truck reached the crossing. It also said the train's horn was due to be upgraded
(AM980, The Canadian Press)