You guys are all wrong, and your knowledge of law is so far off, its crazy. Here's why:
Amtrak's engineers are unionized employees of Amtrak. That means they are AGENTS of Amtrak, and as such a lawsuit of an Amtrak Agent while that Agent was operating in his official capacity as an Agent of Amtrak, the suit is automatically Amtrak's issue. If the Agent is found to be operating in a negligent fashion, that isn't a problem for moron who caused this thing. Its a problem between Amtrak and its engineer- its agent. Amtrak bears all costs involved with this, including the lawyer. If Amtrak finds the Engineer to be at fault, they can then sue the engineer to recoup their losses.
This is why many pizza delivery places, for instance, make their delivery people either sub-contractors, or independents- they essentially buy the pizza from the pizza place and then resells it to the customer. It absolves the pizza place of responsibility in the event that the delivery person gets into an accident.
Assuming that the engineer did what he is supposed to do, and Amtrak is aware of that, the engineers problems are all emotional, primarily, I assume, rage at this ****'s wife for having the gall to kill herself and her unborn child, inflicting emotional strain on the engineer, and then her husband having the utter gall to attempt to blame it on the engineer.