Western Railroad Discussion > UPRR/Parade - Midland, TX incident - float driver will

http://www.usatoday.com/story/news/nation/2012/12/07/texas-float-train-veterans/1752797/

Driver of the float that collided with an UP train will not be charged.

I guess I interpreted that article differently...''assistant D.A. says no decision on charges untill the report is complete''. I don't think the poor fella is out in the clear just yet...

DPKrause Wrote:
-------------------------------------------------------
> I guess I interpreted that article
> differently...''assistant D.A. says no decision on
> charges untill the report is complete''. I don't
> think the poor fella is out in the clear just
> yet...

I agree with your assessment, DP. But if, as the most resent information from the NTSB indicates, the RR side of this tragedy -- signals, gates, brakes, crew -- was in order, the fault must lie elsewhere. The article said that the NTSB hasn't yet interviewed the driver -- astounding, if true. If I were him, I'd already be in Brazil.

I feel sorry for the guy, but when you get down to bed rock, nobody else put that trailer on the track in front of the train but him.

This deadly incident was 100% preventable. Consequently, it's impossible for me to dismiss it as: "sh** happens".

Fritz in HSV, AL

I just read something yesterday saying the NTSB has not interviewed the driver, because he cannot be found.

Tom Y



Edited 1 time(s). Last edit at 12/07/12 12:28 by icancmp193.

He sounded almost suicidal in one newspaper article. I can't imagine the guilt he must be living with...

Posted from iPhone

navy5717th Wrote:
-------------------------------------------------------
> DPKrause Wrote:
> --------------------------------------------------
> -----
> > I guess I interpreted that article
> > differently...''assistant D.A. says no decision
> on
> > charges untill the report is complete''. I
> don't
> > think the poor fella is out in the clear just
> > yet...
>
> I agree with your assessment, DP. But if, as the
> most resent information from the NTSB indicates,
> the RR side of this tragedy -- signals, gates,
> brakes, crew -- was in order, the fault must lie
> elsewhere. The article said that the NTSB hasn't
> yet interviewed the driver -- astounding, if true.
> If I were him, I'd already be in Brazil.
>
> I feel sorry for the guy, but when you get down to
> bed rock, nobody else put that trailer on the
> track in front of the train but him.
>
> This deadly incident was 100% preventable.
> Consequently, it's impossible for me to dismiss it
> as: "sh** happens".
>
> Fritz in HSV, AL


Yes,definitely preventable.

Two complicating factors in any bringing of charges:

--several reports indicate that the parade was being escorted / directed by local and county police. If the driver was acting under the direction of police, the precedent in many states would somewhat or largely absolve him of personal negligence. I don't know how Texas law interprets similar provisions, but I'd guess it is similar.

--the flatbed was donated by a local employer who's been active in helping veterans, and the driver was an employee of the firm. The DA may have decided that bringing charges at this point would be perceived as a slap at good, solid local people who were doing a good thing.

This isn't legal advice of course, but the DA may be waiting for all the facts to present themselves before assembling charges.

(Unlike some agencies which bring dozens of charges in a flood of publicity, and then drop them as more information becomes available.)

icancmp193 Wrote:
-------------------------------------------------------
> I just read something yesterday saying the NTSB
> has not interviewed the driver, because he cannot
> be found.
>
> Tom Y

The NTSB is leaving the driver alone at this time due to his mental condition. You can't interrogate anyone in his condition and receive any coherent statements or information. Let em' be until he's calmed down and ready to talk.

Been there and done that.

SOB

It seems that the railroad is being thrown under the bus (deepest pockets)but really, how much interviewing of the driver is really necessary?

Peace officers witnessed people being transported on a flatbed trailer. If that is lawful, why do seat belt laws even exist? A flatbed trailer is not a D.O.T. approved mode to transport human passengers. They have to tie down cargo on flatbeds, but not people?

No one mentions the round yellow advance warning sign prior to the crossing. THAT was the first warning that a train could be present. In addition to all the other warnings, the crossing has signs "Do Not Stop On Tracks".

I wonder why there isn't much about interviews with the owner of the trucking company? Someone usually assigns trucks they own and their drivers to transport cargo. It seems that the company owner should know the answer in this case.

Regardless of the reason WHY the driver stopped the trailer on the crossing, it does not change the circumstances, and there is no question as to who the truck driver was. It also does not reflect favorably on local law enforcement if they had condoned this, and have for past years. Is a "parade" really a parade, if no parade permit was obtained? I have seen much negative publicity against the railroad already, and they don't seem to be waiting for investigative conclusions before broadcasting it.