A train driver suspected of causing Spain's worst train disaster for decades has has been formally accused of reckless homicide, the country's Interior Minister said.
Investigators are looking into possible failings by 52-year-old Francisco Jose Garzon Amo after the Madrid to Ferrol service derailed on Wednesday night as it approached the city of Santiago de Compostela.
He has now left hospital after receiving treatment for chest trauma and been taken to a police station, but has so far refused to answer officers' questions and is expected to be interrogated by a judge.
Francisco Jose Garzon Amo (centre) being helped from the crash site
Visiting Santiago, Interior Minister Jorge Fernandez Diaz said there were "reasonable grounds to think he (Garzon Amo) may have a potential liability".
"He has been detained since 7:40pm on Thursday for the alleged crime of reckless homicide," Fernandez Diaz said.
The president of the autonomous region of Galicia, Alberto Nunez Feijoo said forensic science units hoped to name three of the 78 victims who have not yet been identified in the next three days.
Story continues after slideshow...
(GRAPHIC WARNING ) Santiago de Compostela train Crash
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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A woman is evacuated by emergency personnel at the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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A wounded is evacuated by emergency personnel at the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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Emergency personnel respond to the scene of a train derailment in Santiago de Compostela, Spain, on Wednesday, July 24, 2013. A train derailed in northwestern Spain on Wednesday night, toppling passenger cars on their sides and leaving at least one torn open as smoke rose into the air. Dozens were feared dead, with possibly even more injured. (AP Photo/ El correo Gallego/Antonio Hernandez) (credit:AP)
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An emergency rescuer walks along an derailed train in Santiago de Compostela, Spain, on Thursday, July 25, 2013. A passenger train derailed Wednesday night on a curvy stretch of track in northwestern Spain, killing at least 40 people caught inside toppled cars and injuring at least 140 in the country's worst rail accident in decades, officials said. (AP Photo/ Lalo Villar) (credit:AP)
SPAIN-TRANSPORT-ACCIDENT(13 of42)
Rescuers carry the body of a victim as other bodies covered with blankets lie on the ground, near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(14 of42)
Rescuers work on the site of a train accident near the city of Santiago de Compostela on July 24, 2013. Up to a 20 people died when a train derailed in northwestern Spain today, media reports quoting witnesses. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(15 of42)
A picture taken on July 24, 2013 shows derailed cars on the site of a train accident near the city of Santiago de Compostela. Up to a dozen people died when a train derailed in northwestern Spain today, media reports quoting witnesses. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(16 of42)
Rescuers work on the site of a train accident near the city of Santiago de Compostela on July 24, 2013. Between 15 and 20 people have died after a train derailed in northwestern Spain today, according to the El Pais and El Mundo dailies. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(17 of42)
ALTERNATIVE CROP Rescuers work on the site of a train accident near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(18 of42)
Rescuers work at the site of a train accident as the bodies of the victims, covered with blankets, lie on the ground, near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(19 of42)
ALTERNATIVE CROP Rescuers work at the site of a train accident as the bodies of the victims, covered with blankets, lie on the ground, near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(20 of42)
Rescuers carry the body of a victim as other bodies covered with blankets lie on the ground, near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(21 of42)
Rescuers work at the site of a train accident near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / OSCAR CORRAL (Photo credit should read OSCAR CORRAL/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(22 of42)
Rescuers tend to victims next to derailed cars at the site of a train accident near the city of Santiago de Compostela on July 24, 2013. Between 45 and 50 people died when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / OSCAR CORRAL (Photo credit should read OSCAR CORRAL/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(23 of42)
A picture taken on July 24, 2013 shows derailed cars at the site of a train accident near the city of Santiago de Compostela. Between 45 and 50 people died when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / OSCAR CORRAL (Photo credit should read OSCAR CORRAL/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(24 of42)
Rescuers tend to a victim next to a derailed car at the site of a train accident near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / OSCAR CORRAL (Photo credit should read OSCAR CORRAL/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(25 of42)
A picture taken on July 24, 2013 shows derailed cars at the site of a train accident near the city of Santiago de Compostela. Between 45 and 50 people died when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / OSCAR CORRAL (Photo credit should read OSCAR CORRAL/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(26 of42)
Rescuers work at the site of a train accident as the bodies of the victims, covered with blankets, lie on the ground, near the city of Santiago de Compostela on July 24, 2013. Up to 50 people died and dozens were injured when a train derailed in Galicia in northwestern Spain today causing carriages to overturn and pile up on each other. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(27 of42)
ALTERNATIVE CROP A picture taken on July 24, 2013 shows derailed cars at the site of a train accident near the city of Santiago de Compostela. Between 45 and 50 people died when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / OSCAR CORRAL (Photo credit should read OSCAR CORRAL/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(28 of42)
Spanish police officers stand near a body covered with a blanket at the site of a train accident near the city of Santiago de Compostela on July 24, 2013. Up to 50 people died and dozens were injured when a train derailed in Galicia in northwestern Spain today causing carriages to overturn and pile up on each other. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(29 of42)
A picture taken on July 25, 2013 shows the site of a train accident near the city of Santiago de Compostela. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(30 of42)
Rescuers stand near to the bodies of the victims of a train accident near the city of Santiago de Compostela on July 24, 2013. At least 35 people died and 200 people were injured when a train derailed in Galicia in northwestern Spain today, the president of the regional government of Galicia said. The train which carried 238 passengers originated in Madrid and was bound for the northwestern town of Ferrol. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(31 of42)
People look at derailed cars at the site of a train accident near the city of Santiago de Compostela on July 24, 2013. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(32 of42)
Rescuers, investigators and police officers stand at the site of a train accident near the city of Santiago de Compostela on July 24, 2013. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(33 of42)
A picture taken on July 25, 2013 shows the site of a train accident near the city of Santiago de Compostela. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(34 of42)
Spanish police officers walk next to derailed cars at the site of a train accident near the city of Santiago de Compostela early on July 25, 2013. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(35 of42)
Investigators and police officers stand at the site of a train accident near the city of Santiago de Compostela early on July 25, 2013. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(36 of42)
A picture taken on July 25, 2013 shows the site of a train accident near the city of Santiago de Compostela. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(37 of42)
A picture taken on July 25, 2013 shows the site of a train accident near the city of Santiago de Compostela. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
SPAIN-ACCIDENT-TRAIN(38 of42)
A police vehicle moves past a hearse carrying victims of a train accident to the morgue, near the city of Santiago de Compostela on July 25, 2013. A train hurtled off the tracks on July 24, 2013 in northwest Spain killing at least 77 passengers and injuring more than 140, an official said today, the country's deadliest rail disaster in more than 40 years. AFP PHOTO/ CESAR MANSO (Photo credit should read CESAR MANSO/AFP/Getty Images) (credit:Getty Images)
SPAIN-ACCIDENT-TRAIN(39 of42)
Policemen stand next to a hearse carrying victims of a train accident to the morgue, near the city of Santiago de Compostela on July 25, 2013. A train hurtled off the tracks on July 24, 2013 in northwest Spain killing at least 77 passengers and injuring more than 140, an official said today, the country's deadliest rail disaster in more than 40 years. AFP PHOTO/ CESAR MANSO (Photo credit should read CESAR MANSO/AFP/Getty Images) (credit:Getty Images)
SPAIN-TRANSPORT-ACCIDENT(40 of42)
A picture taken on July 25, 2013 shows derailed cars at the site of a train accident near the city of Santiago de Compostela. A train hurtled off the tracks in northwestern Spain on July 24 killing 60 passengers and injuring around 130 others, a spokesman for the central government representative in the region said. The train, carrying at least 200 passengers, had left Madrid and was heading for the northwestern town of Ferrol as the Galicia region was preparing celebrations in honour of its patron saint James. AFP PHOTO / MIGUEL RIOPA (Photo credit should read MIGUEL RIOPA/AFP/Getty Images) (credit:Getty Images)
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Emergency personnel conduct rescue operation at the site of a train derailed in Santiago de Compostela, Spain, on Thursday, July 25, 2013. A passenger train derailed Wednesday night on a curvy stretch of track in northwestern Spain, killing at least 40 people caught inside toppled cars and injuring at least 140 in the country's worst rail accident in decades, officials said. (AP Photo/ Lalo Villar) (credit:AP)
SPAIN-ACCIDENT-TRAIN(42 of42)
Funeral vehicles carrying victims of a train accident enter a morgue near the city of Santiago de Compostela on July 25, 2013. A train hurtled off the tracks on July 24, 2013 in northwest Spain killing at least 77 passengers and injuring more than 140, an official said today, the country's deadliest rail disaster in more than 40 years. AFP PHOTO/ CESAR MANSO (Photo credit should read CESAR MANSO/AFP/Getty Images) (credit:Getty Images)
Nunez-Feijoo also said a public funeral for the 78 dead would be held at Santiago cathedral on Monday at 7pm local time.
One Briton was among the 168 injured passengers, while 30 people are still believed to be in a critical condition.
In addition to people from all over Spain, nationals from the United States, Mexico and Algeria are believed to be among the dead.
Authorities are in possession of the train's so-called "black box", which is expected to shed further light on the cause of the disaster.
Adif, Spain's railway agency, confirmed that a high-tech automatic braking programme was installed on the track for most of the journey but stops just five kilometres (three miles) south of where the crash occurred.
From that point on the driver has sole control of the brakes.
"Regardless of the system in place, the drivers know the speed limits. If these are respected, an accident should not take place," a spokeswoman said.
Early indications suggested the train was travelling at around 118mph - more than twice the 50mph speed limit - when it crashed while heading into a curve.
Gonzalo Ferre, president of Adif, said the driver should have started slowing the train four kilometres (2.5 miles) before reaching a dangerous bend that train drivers had been told to respect.
"Four kilometres before the accident happened he already had warnings that he had to begin slowing his speed, because as soon as he exits the tunnel he needs to be travelling at 80 kilometres per hour," Ferre said.
According to reports in the Spanish media, after realising the magnitude of the disaster Amo said: "I f***** up, I want to die."
In March 2012, the 30-year employee of Spanish train operator Renfe allegedly posted boasts on Facebook about how fast he was driving a train and joked about racing past police.
He is believed to have taken control of the train from a second driver about 65 miles south of Santiago.
Wednesday's train crash is the worst Spain has experienced since a three-train accident in a tunnel in the northern Leon province in 1944.
The latest incident comes less than two weeks after six people were killed and scores injured in a train crash just south of Paris.