Francisco Jose Garzon Amo, the driver of the Galicia train accident has been formally detained the Spanish police have said.
It is alleged that even though he is injured, he is in police custody in hospital is he suspected of “crimes related to the accident” they have said.
Reports have claimed that the train was travelling at more than twice the speed it should have been at the time of the crash. Being one of the worst rail accidents in Spain’s history, Spain has declared three days of national mourning.
Due to the medical condition of Mr Garzon Amo, he cannot yet testify. Police have also confirmed that the total number of deaths is 78.
The death toll had risen due to remain being wrongly identified in the initial stages.
When the accident first occurred, 130 people were taken to hospital in which 95 are still being treated. Thirty-two people are seriously injured including children. Those injured include several nationalities five Americans and one Briton.
One American is amongst the dead.