Posts Tagged ‘Amtrak crash’

Driver of Trash Truck Struck by Amtrak Special in Virginia Indicted for Being Under the Influence

June 8, 2018

The driver of a trash truck that was struck, by an Amtrak special in Virginia in January has been indicted for being under the influence at the time of the collision.

The Amtrak special was carrying dozens of Republican congressmen to a retreat in West Virginia. One employee of the trash-hauling company died in the collision near Crozet, Virginia.

The Albemarle County Police Department said in a statement that 31-year-old Dana W. Naylor Jr. was indicted on one count of involuntary manslaughter and one count of maiming another while driving under the influence. It’s not clear what the alleged intoxicant was.

A second passenger of the trash truck was seriously injured. No one aboard the train suffered serious injuries.

Amtrak Pays Victims of its Accidents Even if the Host Railroad is at Fault or Negligent in its Cause

February 12, 2018

Based on information released by the National Transportation Safety Board, the cause of the collision in South Carolina that left two Amtrak crew members dead seems pretty straightforward.

A switch had been left open, thus routing the southbound Silver Star into a head-on crash with a parked CSX auto rack train.

That might seem to be the fault of a CSX employee although it’s possible the switch could have been tampered with by someone else.

The NTSB is expected to release its report on the cause of the accident more than year from now.

Whatever the cause of the accident, Amtrak likely will wind up paying the money that will go to those filing lawsuits in the wake of the crash.

It won’t matter if CSX is found to have sole responsibility for the accident, Amtrak likely will pay the claims.

The accident on Feb. 4 in Cayce, South Carolina, has trained the spotlight again on a little-known fact about Amtrak’s relationships with its host railroads.

Agreements between the passenger carrier and its host railroads leave Amtrak responsible for paying the legal claims that stem from accidents.

The exact language of those contracts has been kept secret at the insistence of the railroads and Amtrak, say lawyers who have been involved in legal proceedings involving Amtrak and a host railroad.

Amtrak has track use contracts with 30 railroads and all of them are “no fault” agreements.

As explained by an Amtrak executive in a September 2017 seminar hosted by the Federal Highway Administration, that means Amtrak takes full responsibility for its property and passengers and the injuries of anyone hit by a train.

A host railroad is only responsible for its property and employees.

Amtrak manager Jim Blair said at the seminar that this was “a good way for Amtrak and the host partners to work together to get things resolved quickly and not fight over issues of responsibility.”

It doesn’t matter if the host railroad was negligent in causing the crash.

It wasn’t always that way, but things changed after a 1987 crash on the Northeast Corridor at Chase, Maryland, when Amtrak’s New York-bound Colonial struck a Conrail light power move that had run a stop signal.

Sixteen died in the crash. During the investigation, authorities learned that the Conrail engineer was under the influence of marijuana at the time.

Although Conrail paid damages from the resulting lawsuits, the railroad industry began pushing for Amtrak to assume liability for damage claims resulting from accidents, even if the host railroad was at fault for the cause of the accident.

A former member of the Amtrak board of directors said that following the Chase crash, Amtrak faced “a lot of threats from the other railroads.”

The former board member spoke with the Associated Press on condition of anonymity because the company’s internal legal discussions are supposed to remain confidential and he doesn’t want to harm his own business relationships by airing a contentious issue.

The Amtrak board member said management gave in to the railroad industry demands because it felt it couldn’t afford to pick a fight.

“The law says that Amtrak is guaranteed access, but it’s up to the goodwill of the railroad as to whether they’ll put you ahead or behind a long freight train,” he said.

The practice of Amtrak paying damages for accidents involving its trains was revealed in a 2004 New York Times series on railroad grade crossing safety.

Following that disclosure, the U.S. Surface Transportation Board ruled that a railroad “cannot be indemnified for its own gross negligence, recklessness, willful or wanton misconduct,” said a 2010 letter by then-Surface Transportation Board chairman Dan Elliott to members of Congress.

That ruling gives Amtrak grounds to pursue gross negligence claims against freight railroads. However, Amtrak has declined to do so.

“If Amtrak felt that if they didn’t want to pay, they’d have to litigate it,” said Elliott, now an attorney at the law firm of Conner & Winters.

The Associated Press reported in the wake of the Cayce crash that it was unable to find any case in which Amtrak pursued a claim against a freight railroad since the Chase incident.

AP said it asked Amtrak, CSX and the Association of American Railroads to identify any example within the last decade of a railroad contributing to a settlement or judgment in a passenger rail accident that occurred on its track. However, none would provide such an example.

Robert L. Potrroff is a member of a Kansas law firm that specializes in railroad accident litigation, told the AP that even in a case in which establishing gross negligence by a freight railroad is possible he has never seen any indication that the railroad and Amtrak are at odds.

“You’ll frequently see Amtrak hire the same lawyers the freight railroads use,” he said.

Another attorney, Ron Goldman, who has represented passenger rail accident victims, said he has long been curious whether it was Amtrak or freight railroads that ended up paying for settlements and judgments.

“The question of how they share that liability is cloaked in secrecy,” he said. “The money is coming from Amtrak when our clients get the check.”

Pottroff said he has long thought that Amtrak should fight its contract railroads on liability matters because it would make safety a larger financial consideration for them. He also said there is a fairness issue at stake.

Following the Chase crash, a federal judge ruled that forcing Amtrak to take financial responsibility for “reckless, wanton, willful, or grossly negligent acts by Conrail” was contrary to good public policy.

Pontroff is representing clients who have sued Amtrak and CSX following last week’s South Carolina crash, but doesn’t expect CSX to pay any settlements or judgments.

“Amtrak has a beautiful defense — the freight railroad is in control of all [of] the infrastructure,” he said. “[But] Amtrak always pays.”

The railroad industry contends that it has ample incentive to keep tracks safe for employees, customers and investors.

“Our goal remains zero accidents,” said CSX spokesman Bryan Tucker in a statement to the Associated Press.

CSX Employee Gave Wrong Info About Switch

February 7, 2018

A Jacksonville, Florida, newspaper reported on Tuesday that incorrect information provided by a CSX employee helped lead to a head-on collision early Sunday morning between a CSX auto rack train and Amtrak’s Silver Star.

Two Amtrak employees were killed in the collision in Cayce, South Carolina, and 116 were injured.

The Jacksonville Business Journal said it based its report on CSX records that it obtained and a source the newspaper did not name.

Those documents show that Amtrak’s New York to Miami No. 91 had stopped five miles before the collision site.

At the time, the signal system in that area had been off since 8 a.m. on Saturday as work progressed to install positive train control.

After a CSX conductor at the site informed the dispatcher that a manual control switch had been moved back into its normal position, the dispatcher cleared the Amtrak train to proceed.

However, the switch had not been restored and Amtrak No. 91 was routed into the path of the parked auto rack train, which did not have a crew on board at the time of the collision.

With the signal system turned off, dispatchers were governing movement in the area with track warrants.

National Transportation Safety Board Chairman Robert Sumwalt has told reporters during press briefings that the CSX auto rack train had backed into the siding after working at an auto facility.

Sumwalt said investigators discovered that the switch that had been opened to enable the CSX train to move into the siding was locked with a padlock in the open position.

Amtrak No. 91 had 149 passengers and eight crew members on board at the time of the crash.