A conductor and a passenger on Wednesday apparently became the first people to file suit against Amtrak for the Dec. 18 train derailment near DuPont that left three people dead and close to 80 people hurt.

The lawsuits were filed by Garrick Freeman -- a 48-year-old conductor who suffered a shattered pelvis and cracked ribs -- and Pennie Cottrell -- a passenger who suffered a broken collarbone, broken ribs, a neck injury and various internal injuries.

Freeman had been asked by his employer to work on the inaugural trip of Amtrak Cascades 501 through the Point Defiance Bypass, according to Freeman's attorneys. The new route would cut the trip from Seattle to Portland by 10 minutes.

But Freeman told his supervisors that he was uncomfortable because he hadn’t been trained on the bypass segment of the route, so Amtrak instead had him ride in the lead locomotive with the engineer that morning, Freeman’s attorneys say. He was supposed to familiarize himself with the route while another worker carried out Freeman's conductor duties, they say.

At 7:33 a.m., safety officials say the train was traveling 78 mph in a 30 mph as it neared a curve on a decline. The lead locomotive and 12 cars hurtled off the elevated tracks, some of them tumbling onto cars and trucks on Interstate 5.

Amtrak appears to have provided inadequate training to engineers and conductors assigned to the route by packing in at least a half-dozen of them on a nighttime training run in the lead locomotive and more of them in other parts of the train, said Anthony Petru, an Oakland, Calif., attorney who specializes in railroad cases and is leading the legal team representing Freeman.

“From what we’ve seen, the training was abysmal,” Petru said.

Amtrak spokesman Jason Abrams declined comment, saying Amtrak doesn't comment on pending litigation.

Neither suit asks for a specified dollar amount, which is the norm in Washington state.

Freeman's lawsuit was filed in Pierce County Superior Court, which is in the same county as the derailment. Cottrell's lawsuit was filed in King County Superior Court in Seattle.

Cottrell was in the seventh rail car, which dangled over the freeway after the derailment, said Chicago attorney Michael Krzak, who is representing Cottrell and specializes in railroad cases.

“It was a horrific experience for her, unlike anything she had ever experienced before,” Krzak said. “She continues to have issues with feeling like she’s on the train. She's having terrible emotional issues.”

Cottrell was recently released from the hospital and allowed to go back to her home, which is outside the Seattle area, Krzak said.

Both lawsuits fault Amtrak for using the bypass before “positive train control” technology was installed. The technology can automatically slow trains at risk of derailing. The technology was slated to be installed on the Point Defiance Bypass in the near future.

In 2008, Congress mandated that the technology be activated by the end of 2015 on all Class 1 rail lines that handle hazardous cargo or commuter passenger trains. But because of challenges with the costs and installation of the technology, the industry lobbied Congress to push back the date to the end of 2018 -- with the possibility of further delaying it to 2020.

“Based on my experience, the railroad industry likes to say they have a safety culture, but in reality they push it off and they push it off,” Petru said.

Shortly after the DuPont derailment, federal investigators began to look into whether a "second person" in the lead locomotive distracted the engineer. But Petru said that theory was "pure speculation" and his client didn't distract the engineer.

Freeman was violently thrown around the locomotive as it careened onto the freeway then came to an abrupt stop, Petru said. Freeman was unable to stand and eventually was plucked from the wreckage by rescuers and taken to the hospital, Petru said.

Freeman underwent pelvic reconstruction surgery, and after 12 days in the hospital, was transferred to a rehabilitation center, Petru said. It’s unclear if Freeman will have permanent injuries, but it could likely take a long time for him to recover, Petru said.

“He has to learn how to walk again, to start with,” Petru said.

Freeman lives in Bellevue, Wash.

In addition to Petru, Freeman also is being represented by Portland attorney John Coletti and Seattle attorney Joseph Grube. Read Freeman's lawsuit here.

In addition to Krzak, Cottrell is being represented by Seattle attorney Robert Gellatly. Read Cottrell's lawsuit here.

More lawsuits are expected to be filed, given the number of people hurt or killed.

-- Aimee Green