Passenger Trains > FL Update on BrightLine vs fire truck collision

The Delray Beach city council has been discussing the collision several weeks ago, and now has additional information on the background issues.  Although Florida law requires that drivers of fire trucks and emergency vehicles possess a valid Florida driver's license, at least ten officers have not had valid licenses at some point during their recent employment. This includes David Wyatt, who has been named as the driver of the errant truck struck while going around the crossing gates.

Mr Wyatt apparently lost his license for several months following a 2023 late night collision with damage.Mr Wyatt took out several signs and a tree on the highway median.  Although he had blood shot eyes, he did not slur his speech and responding Delray Beach officers did not administer a sobriety test.  His license had been restored by the time of the collision with BrightLine.  Delray Beach apparently does not have a process to determine whether its staff possesses currently valid driver licenses. That may be a factor in the suspension of two senior police executives, one of whom heads professional standards and training.

Outside agency Palm Beach County Sheriff's Office is leading the investigation into the crash, and is known to have spoken with some of the persons directly involved in the crash. PBSO  has not issued a report. National Transportation Safety Board is also investigating.

Many of the injured passengers on BrightLine have engaged personal injury counsel, so this should become a very interesting situation.  I don't know if the engineer on BrightLine has engaged counsel, but BrightLine's legal status may offer another perspective into the eventual litigation.

Just the other day I watched an episode of Adam-12 where Mac inspected everyone's license at roll call.

Pete's license was expired, so Jim drove that day.

How hard is it to check licenses?

Our department requires a CDL and EVOC class to drive the trucks and criminal backround checks for everybody joining. It’s not difficult

Posted from iPhone

Doug Wetherhold
Macungie, PA

"Personal injury counsel"--a branch of the legal profession sometimes called "ambulance chasers".  Here in Los Angeles County, the recent conflagrations seem to have attracted many "firetruck followers".

DNRY122 Wrote:
-------------------------------------------------------
> "Personal injury counsel"--a branch of the legal
> profession sometimes called "ambulance chasers". 
> Here in Los Angeles County, the recent
> conflagrations seem to have attracted many
> "firetruck followers".

Yes, everyone is "lawyering up" in the Delray Beach case.    The town seems to have some / much exposure based on what's been presented thus far.  The town council voted to hire two law firms in its meeting last week.  One to conduct an investigation on behalf of the town, the other to keep track of the notices of claim (warnings of a lawsuit to come).

Lackawanna484 Wrote:
-------------------------------------------------------

>
> Yes, everyone is "lawyering up" in the Delray
> Beach case.    The town seems to have some /
> much exposure based on what's been presented thus
> far.  The town council voted to hire two law
> firms in its meeting last week.  One to conduct
> an investigation on behalf of the town, the other
> to keep track of the notices of claim (warnings of
> a lawsuit to come).

The lawyers of course will sue everyone even remotely involved, but this is an interesting case as in a typical Amtrak incident, Amtrak often eats the settlement due to indemnity agreemnents with the host railroad, however because Brightline is part of the FEC family there will be more of a unified front to hold the City involved accountable. 

The Delray Beach town council expected an update on the still pending investigations. They didn't get one from their lawyers, although there are now a number of injury lawsuits pending.

The law firm retained to investigate on behalf of the town has yet to say when a report will be ready, or how much it will cost.

Palm Beach Sheriff and Florida Dept of Law Enforcement are known to be investigating.

Posted from Android

The assistant fire chief in charge of oversight and supervision has resigned (the city says) or retired (he says) after 28 years of service. The investigation into many fire and emergency staff working without a valid license showed gaps in the monitoring and supervision process. The investigation into driver's licenses came out of the BrightLine crash.

FF Wyatt, the drver, his captain,  and the other assistant chief remain suspended with pay awaiting the results of the state investigation.

https://www.youtube.com/watch?v=2Xr3KXlHSPY

Lackawanna484 Wrote:
-------------------------------------------------------
> FF Wyatt, the drver, his captain,  and the other
> assistant chief remain suspended with pay awaiting
> the results of the state investigation.

The unions hard at work protecting the guilty.

So, you would advocate for no investigation?

longliveSP Wrote:
-------------------------------------------------------
> Lackawanna484 Wrote:
> --------------------------------------------------
> -----
> > FF Wyatt, the drver, his captain,  and the
> other
> > assistant chief remain suspended with pay
> awaiting
> > the results of the state investigation.
>
> The unions hard at work protecting the guilty.

PaTrainFan Wrote:
-------------------------------------------------------
> So, you would advocate for no investigation?
>
> longliveSP Wrote:
> --------------------------------------------------
> -----
> > Lackawanna484 Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > FF Wyatt, the drver, his captain,  and the
> > other
> > > assistant chief remain suspended with pay
> > awaiting
> > > the results of the state investigation.
> >
> > The unions hard at work protecting the guilty.

It is an absolute travesty that at the very minimum, the operator (driver) continues to be paid. Regardless of any investigation on going. 

Although Florida law does allow public servants to be suspended  without pay when arrested on felony charges, many union contracts and management employment agreements waive that provision.  I don't think that's unusual. FF Wyatt received a traffic citation for going around the gates. That's not a terminating offense to my knowledge.

One city manager was arrested for bid rigging (tailoring a contract to allow a relative to cash in) and spent four more months on the payroll before he was fired.