Kristen Whorton killed in Malvern train collision

MALVERN, Ark—Lonsdale woman killed, driver injured in train crash

On August 31, 2025 at 11:08 p.m., Arkansas State Police responded to a fatal train collision on Wine Dot Road in Malvern, Hot Spring County.

According to investigators, a 1994 Chevrolet traveling east crossed a railroad crossing and entered the path of a moving train. The train struck the passenger side of the vehicle, ejecting the passenger.

Fatality: Kristen Whorton, 39, of Lonsdale, passenger in the Chevrolet.
Injured: Billy Brotherton, 37, of Malvern, the driver, transported to CHI St. Vincent Hot Spring.

The victim’s body was held at the Hot Spring County Coroner’s Office. Weather was clear, and the roadway was dry.

Note: Crash summaries released by Arkansas State Police are preliminary and may be updated as investigations continue.

Arkansas wrongful death law: What families can do

Arkansas’s wrongful death statute, Ark. Code Ann. § 16-62-102, allows a personal representative or statutory beneficiaries to file a claim for damages such as funeral expenses, lost support, and companionship. Families usually have three years from the date of death to file.

A related survival action under Ark. Code Ann. § 16-62-101 may also allow recovery for medical bills and conscious pain experienced by the deceased before death.

Train collisions and evidence preservation

Fatal crashes at railroad crossings often involve questions about warning devices, visibility, driver actions, and train speed. Attorneys gather railroad maintenance records, event data recorder downloads, witness statements, and crossing design evaluations to determine liability. Prompt legal action ensures critical evidence is preserved.

Arkansas wrongful death attorneys serving Hot Spring County

At Ludwig Law Firm, our wrongful death lawyers prepare every case as if it’s going to trial. In fatal accident cases, we often coordinate with Harry Warden of Warden Law Firm, a Super Lawyers Rising Star, when a case needs added trial strength. Together, we provide Arkansas families with both compassionate representation and aggressive courtroom advocacy.

What families should do after a fatal train crash in Arkansas

1. Contact an attorney quickly to protect your rights.

2. Collect funeral and medical expense records.

3. Preserve police reports, coroner findings, and witness contact information.

4. Avoid giving statements to insurers or railroad representatives without counsel.

5. Ask your lawyer to secure railroad safety and event data.

Our Wrongful Death Lawyers Can Help

If your family has suffered a wrongful death in Arkansas, call 501-838-4043 or visit ludwiglawfirm.com. We fight for full accountability after tragic accidents.

Disclaimer

The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.

Frequently Asked Questions

Q. Who can bring a wrongful death claim in Arkansas?
A. Usually the personal representative or statutory beneficiaries named by law.

Q. How long do families have to file?
A. Three years from the date of death, unless an exception applies.

Q. Does a survival action differ from wrongful death?
A. Yes. A survival action belongs to the estate and recovers damages the deceased could have claimed if they had survived.