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Amtrak Accident - Non-Working Crossing Signals

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Posted by Anonymous on Sunday, April 25, 2010 10:41 AM

Falcon 48,

 

Thanks for posting the Illinois law.  It does indeed exclude signalized crossings from the need to treat a crossbuck as a yield sign.  I don’t know how to reconcile that information with the apparently conflicting information from the FRA.

 

Here is my question that I submitted to the FRA:

 

I have a question about signalized railroad grade crossings.  Does the crossbuck at these signalized crossings constitute a yield sign?  If so, does that mean that a driver must slow down and make sure no trains are approaching even if the signals are not activated?  Thank you.

 

Here the response I received from the FRA:

  

The crossbuck sign means yield.  It is the motorist responsibility to slow down, look in both directions and determine if a train is approaching.  The train always has the right of way.  This is required if the grade crossing is equipped with active warning devices or only the crossbuck.

 

Failure to yield to a train could result in a citation or serious injury or even worse, a fatality.

 

I hole this answers your question.

 

[Contact name withheld]

Federal Railroad Administration

200 West Adams Street

Chicago, IL 60606

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Posted by The Butler on Sunday, April 25, 2010 12:06 AM

 Falcon48, thanks for posting the Illinois law.  Just as a side note, I have noticed that here in rural Missouri most drivers slow as to yield at signaled crossings.  This came as a surprise to me since I grew up and learned to drive in other states.

As to your three observations, I have no argument.  Your third observation, I agree with completely.

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Posted by blue streak 1 on Saturday, April 24, 2010 10:58 PM

Falcon48
Would you? The only scenario where something like this might happen would be if there was evidence that the driver actually saw (or necessarily must have seen) the approaching train and ignored it (a legal principle sometimes called "last clear chance

Falcon: How about heard a train. I've stopped several times at various signaled crossing when I heard a train because I roll the window down. ( train wasn't at that crossing but slowing at a very close crossing). I have no idea what I would  do at the new quite zone crossings. Are they marked quite zone as I have only seen FEC tracks so marked?

 

 

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Posted by jeffhergert on Saturday, April 24, 2010 10:36 PM

In reading the rest of 625 ILCS 5/11-1201, they don't say yield, but say to exercise due care because a railroad track across a highway is a warning of danger.  It gives some conditions as to when a vehicle must stop for a train.  One condition mentions activiated warning lights/gates.  Other conditions do not.  

To me, it sounds like you are to slow down and look for a train whether the gates/lights are working or not.  If a train is approaching, you are to stop.  I also think it's written, like a lot of laws, just ambiguous enough to be argued either way. 

Jeff 

 

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Posted by Falcon48 on Saturday, April 24, 2010 9:16 PM

The Butler

Falcon48

I commented on this in response to another post.  I'm not aware of any law or legal principle in Illinois requiring a motorist to treat a signalized grade crossing as a "yield" if the signals aren't indicating the approach of a train. 

That is the key here.  It depends on how Illinois law is written.  In the Missouri Driver's Guide (.pdf file found here: http://dor.mo.gov/mvdl/drivers/dlguide/dlguide.pdf), on page 41 it reads:

A white, X-shaped sign or "crossbuck" is located at the railroad crossing.  This sign has the same meaning as a "yield" sign; therefore, you must yield to trains at crossings. ...snip... 

When you see any of these signs [round advance warning sign, pavement markings, crossbuck], SLOW DOWN, look for a train, and be ready to stop  You must STOP if the red lights are flashing or the gate is down.  ...snip

The way I read it, here in Missouri a driver should be prepared to stop and yield to a train whenever they encounter a crossbuck, regardless of activation of lights and/or gate.

My own opinion is that the signal maintainers that were there should have flagged the crossing until they were positive the signals were working correctly.

 

 

Well, since this accident occurred in Illinois, not Missouri, here is what Illinois law says about the obligation to "yield" at railroad crossbuck sign:

"At any railroad grade crossing provided with railroad crossbuck signs, WITHOUT AUTOMATIC, ELECTRIC, OR MECHANICAL SIGNAL DEVICES, CROSSING GATES, or a human flagman givng a signal of the approach or passage of a train, the driver of a vehicle shall in obediance to the railroad crossbuck sign, yield the right-of-way and slow down to a speed reasonable for the existing conditions, and shall stop, if required for safety, at a clearly marked stopping line, or if no stop line, within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely. If the driver is involved in a collision at a railroad crossing or interferes with the movement of a train after driving past the railroad crossbuck sign, the collision is prima facie evidence of the driver's failure to yield right-of-way."  625 ILCS 5/11-1201(d) (emphasis supplied)

As can be seen from the above, the duty to treat a crossbuck sign as a yield sign in Illinois only applies at crossings "without automatic, electric, or mechanical signal devices, crossing gates, or a human flagman..."  Since the crossing involved in this accident was equipped with gates, there was no obligation for a driver to treat the crossbuck sign at the crossing as a "yield" sign.  To be sure, there are other obligations in the statute requiring a driver to stop if, for example, "an approaching train is plainly visible and is in hazardous proximity to such crossing", but this isn't a requirement to treat a crossbuck sign at a signalized crossing as a "yield" sign.

I don't have the time or inclination to look at other states' laws, but I would make three observations.  First, state drivers manuals are necessarily simplified and don't always reflect all of the intricacies of the underlying state statutes. So, the fact that the Missouri manual doesn't make a distinction between crossbucks at signalized vs non-signalized crossings isn't really surprising  I haven't looked at the Illinois manual in several years but there's a good chance it similarly says that a crossbuck means "yield", without discussing the statutory provision quoted above.  Second, if crossbucks at signalized crossings were meant to indicate "yield", one would expect that highway authorities would be posting "yield" signs at these crossings, the same as they have beene doing at non-signalized crossbuck crossings.  Now, perhaps there is a signalized crossing somewhere with a "yield" sign, but I haven't seen it.  Third, I've had indirect involvment in a number of grade crossing litigation cases.  Suffice it to say that I don't think there's a single state in the US that would let a railroad off the hook for an accident caused by the failure of grade crossing signals to warn of an approaching train on a theory that the driver should have, nevertheless, treated the crossbuck at the signalized crossing as a "yield" sign and looked to see whether a train was coming before going across the crossing.  Would you? The only scenario where something like this might happen would be if there was evidence that the driver actually saw (or necessarily must have seen) the approaching train and ignored it (a legal principle sometimes called "last clear chance").

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Posted by Paul_D_North_Jr on Saturday, April 24, 2010 8:43 PM
Falcon48 - The statement by the Cook County Asst. Prosecutor - Lauren Brown, if I recall correctly, which is in one of the articles that is linked over on the other thread on this incident - was that the crossing gates came down by the time the 2nd-to-the-last car of the Amtrak train was on the crossing. That's what led me to speculate that perhaps the approach circuit wasn't working correctly for some reason, but the middle 'island' circuit did sense the train and only then activated the signals when the train got that far - or maybe it was the approach circuit on the other/ far side ? I believe you and I would share similar views as to the credibility of Ms. Brown from her age, training, and the nature of her profession - I'd be very inclined to rely on her testimony unless there was very strong contrary technical evidence. - Paul North.
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Posted by Falcon48 on Saturday, April 24, 2010 7:31 PM

blue streak 1

Falcon48

With respect to another posting suggesting the Amtrak train may not have shunted the signal circuits, Given the number of trains reportedly using this trackage every day and the length of the Amtrak train, I think that is highly unlikely (unless, that is, the maintenance crews had adjusted the signal apparatus outside of normal parameters). 

Falcon48: Yes a number of trains used the trackage. My understanding is that some work had just been done in the approach area that Amtrak ran through not maintenance but actual a capital project?. There could have been an inadvertent change in the shunt circuit caused by the signal work. ( maybe an engineering mistake ) Could be a long train would shunt the signals but not a short train?The signal apparatus definitely did not work for the Amtrak train but there is indication that the signals started working when the Amtrak train occupied the circuit at the road?

The signal department must have had some concern to be at the crossing at this time of day?  

 

  I was thinking the same thing - that the maintenance people may have adjusted the shunt sensitivity of one of the approach circuits outside normal parameters.  This is something that should have been picked up by their required testing, if they actually did it.  I hadn't previously seen anything indicating that the signals started working when the Amtrak train occupied the circuit right at the road.  That's certainly possible, since the "island circuit" is separate from the approach circuits.  But the "island circuit" is pretty short and designed only to keep the signals activated while the train is occupying the crossing.  It wouldn't have given any appreciable advance warning for a fast moving train.

But, of course, this is all just speculation.  I suspect the investigators already know what caused the signals to fail, and are now trying to figure out how that condition occurred. 

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Posted by blue streak 1 on Saturday, April 24, 2010 7:25 PM

Bucyrus
When you say you are surprised to hear about this yield requirement at inactivated, signalized crossings, I think that is the reaction of most people.  I was told by my state DOT that they have done surveys and found that most drivers do not realize that a crossbuck means yield.  They just take the crossbuck to be an identifier of a grade crossing.  Therefore YIELD signs are being added to all non-signalized crossings.  With that addition, there will be two forms of yield signs at non-signalized crossings; one that drivers understand and one that they don’t understand

Have been doing a non-scientific survey and absolutely no one knows of this requirement. In fact several said I was full of hot air. It now appears that a massive educational program would not achieve good results. So what is the answer?

 

 

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Posted by Anonymous on Saturday, April 24, 2010 11:45 AM

Falcon48

Bucyrus

Mike O

Well, in this case it is the railroad's fault, since the railroad's employees turned off the safety devices. If the crew was at the scene waiting to see if the gates worked, they should have flagged the crossing. Remember, these guys apparently thought the gates were working when in fact they had turned them off. Pretty negligent.

Certainly there is negligence on the part of the railroad, but the driver broke the law by not yielding.  How can this not count?  The yield requirement is not suspended just because the signals are inoperable.

Where do you get the idea that motorists have a "yield" obligation at a signalized grade crossing if the signals don't indicate that a train is coming?  That's a new one on me.

As James has explained in a post above, it is the crossbuck atop the flashers at a signalized crossing that means yield.  A crossbuck is equivalent to a yield sign.  So the crossbuck requires a driver to yield even if the signals are inactivated.  To yield, a driver must look for approaching trains to make sure there are none.  I sought and received confirmation of this interpretation from the FRA, Operation Lifesaver, and my state DOT. 

 

This might vary from state to state, but I think the crossbuck being equivalent to a yield sign is universal.  It might be that some states do not use a crossbuck at signalized crossings, and thus do not have a yield requirement when the signals are inactivated.  I have seen signals without crossbucks in some of the youtube videos.

 

When you say you are surprised to hear about this yield requirement at inactivated, signalized crossings, I think that is the reaction of most people.  I was told by my state DOT that they have done surveys and found that most drivers do not realize that a crossbuck means yield.  They just take the crossbuck to be an identifier of a grade crossing.  Therefore YIELD signs are being added to all non-signalized crossings.  With that addition, there will be two forms of yield signs at non-signalized crossings; one that drivers understand and one that they don’t understand.

 

I think there is a problem in expecting drivers to yield at inactivated signalized crossings.  Such crossings often have quite limited sight distance, and yet are on high-speed highways.  In order to properly yield, a driver must know the top speed of what he or she is expected to yield to.  A driver has no way of knowing how fast trains will be running on a rail line, so he or she must anticipate the fastest possible train, which might be 80 mph or more. 

 

Therefore, to properly yield in anticipation of that high of train speed, with limited sight distance, a driver might have to stop at the crossing.  On a high-speed highway, stopping raises a high probability of causing a rear-end collision from a following vehicle.  This is especially true if a driver were to stop for an inactivated signalized crossing to properly yield when the vast majority of drivers are not aware of the requirement to do so. 

 

I asked the Minnesota State Patrol if they expected drivers to stop on high-speed roads to yield at inactivated signalized grade crossings where sight distance was sufficiently limited.  They would not respond to my question in writing, but one officer did tell me that he was not aware of any requirement to yield at inactivated signalized crossings.

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Posted by blue streak 1 on Saturday, April 24, 2010 10:29 AM

Falcon48

With respect to another posting suggesting the Amtrak train may not have shunted the signal circuits, Given the number of trains reportedly using this trackage every day and the length of the Amtrak train, I think that is highly unlikely (unless, that is, the maintenance crews had adjusted the signal apparatus outside of normal parameters). 

Falcon48: Yes a number of trains used the trackage. My understanding is that some work had just been done in the approach area that Amtrak ran through not maintenance but actual a capital project?. There could have been an inadvertent change in the shunt circuit caused by the signal work. ( maybe an engineering mistake ) Could be a long train would shunt the signals but not a short train?The signal apparatus definitely did not work for the Amtrak train but there is indication that the signals started working when the Amtrak train occupied the circuit at the road?

The signal department must have had some concern to be at the crossing at this time of day?  

 

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Posted by The Butler on Saturday, April 24, 2010 1:59 AM

Falcon48

I commented on this in response to another post.  I'm not aware of any law or legal principle in Illinois requiring a motorist to treat a signalized grade crossing as a "yield" if the signals aren't indicating the approach of a train. 

That is the key here.  It depends on how Illinois law is written.  In the Missouri Driver's Guide (.pdf file found here: http://dor.mo.gov/mvdl/drivers/dlguide/dlguide.pdf), on page 41 it reads:

A white, X-shaped sign or "crossbuck" is located at the railroad crossing.  This sign has the same meaning as a "yield" sign; therefore, you must yield to trains at crossings. ...snip... 

When you see any of these signs [round advance warning sign, pavement markings, crossbuck], SLOW DOWN, look for a train, and be ready to stop  You must STOP if the red lights are flashing or the gate is down.  ...snip

The way I read it, here in Missouri a driver should be prepared to stop and yield to a train whenever they encounter a crossbuck, regardless of activation of lights and/or gate.

My own opinion is that the signal maintainers that were there should have flagged the crossing until they were positive the signals were working correctly.

 

James


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Posted by Falcon48 on Saturday, April 24, 2010 1:01 AM

Paul_D_North_Jr

Falcon48 - I have not before seen or heard the use of the term ''deranged'' in the context of disabling or ''un-arranging'' railroad grade crossing signals - only in the more common context of a severely mentally unstable or ill person, etc.  But sure enough, a quick Google search discloses that it has been used in the railroad signalling literature and references as at least as far back as 1903.  And here's the first 2 meanings under a definition that I found on-line that corroborates your usage of it, per: http://www.thefreedictionary.com/deranged 

1. To disturb the order or arrangement of.
2. To upset the normal condition or functioning of.

I was wondering the same thing too as blue streak 1 mentions above earlier today - until the correct operation of the crossing signals was tested and confirmed, why wasn't this crossing being flagged, and with a fusee at night ?  The number of personnel shouldn't have been an issue - when a conductor is 'flagging' across a crossing as part of normal switching operations, or when a crossing is subject to a 'flagging order', there's only 1 of him/ her then, too, and that's enough to get the job done.

Putting a far more cynical and devious spin on this, I can see a plaintiff's attorney essentially claiming that the railroad's employee(s) decided to test the crossing signal in the following manner: ''Let's wait until a train comes, and see if it hits anything.''  Now I may be accused of exaggerating that, but - If there was any doubt about the signal operating correctly*, and the CN employees on the scene weren't flagging, then that's pretty much what they were doing !  What else did they expect to happen then if the signal was in fact not operating correctly ?

*And we all know the first rule in most rule books - ''When in doubt, the safe course must be  taken.''  Well, if there was no doubt, then why were they waiting to 'test' the operation of the signal ?  And isn't the 'safe course' to flag the crossing anyway ?  If the signal wasn't working, then the protection was at least attempted to be provided.  And if it is, then they can step aside when it activates and watch it go through its cycle, it seems to me.

Unfortunately, I can see where the employee(s) involved and CN may well have to defend themselves against criminal charges in the nature of involuntary homicide due to gross negligence or recklessness.  The only likely defense may be an honest - but mistaken - belief that the signal had been restored to proper operation, and that it was just being watched to double-check or confirm that.  Against the tragic result, though, that defense will be very hard to establish unless something else can be shown to have gone horribly and unforseeably wrong at the same time.  So we'll just have to wait and see the results of the official investigatons and reports.

- Paul North. 

 

If you've dealt with RR and FRA signal people as much as I have, you learn that "derange" is a common term in their rather unique language (I used to call it "signalese").

All railroads have very specific testing protocols which their signal people are required to follow to make sure grade crossing signals are operating properly after the circuits are deranged.  There have been cases where signal personnel haven't followed these protocols, because they think they are unnecessary in a paarticular job .  Sometimes, that leads to tragedy.  I don't know what happened here, but I wouldn't be surprised to learn that it was something like this.  As you say, we'll have to wait and see what the investigators turn up.

With respect to another posting suggesting the Amtrak train may not have shunted the signal circuits, Given the number of trains reportedly using this trackage every day and the length of the Amtrak train, I think that is highly unlikely (unless, that is, the maintenance crews had adjusted the signal apparatus outside of normal parameters). 

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Posted by Falcon48 on Saturday, April 24, 2010 12:42 AM

Bucyrus
I don’t want to sound like I am piling on the victim in this crash, but it raises a perplexing question.  Drivers are supposed to yield at grade crossings no matter whether the signals and gates are activated or not, and no matter whether the signals and gates fail to activate upon the approach of a train. 
 
The crossbuck alone requires a driver to yield, and for a driver to yield, a driver must know that no train is approaching before the driver crosses.  That is the law according to the FRA, Operation Lifesaver, and the state DOTs. 
 
While there may be some hair-splitting over what it means to yield in merging situations where no collision occurs, it is 100% clear that if a driver gets hit by a train, that driver did not yield. 
 
Therefore, in cases where a driver gets hit by a train at a grade crossing where the signals have failed to activate, that driver has failed to yield, as the law requires.
 
So, who is at fault in such a collision?  To most people, it would seem to be the railroad’s fault because their warning signals have failed to activate; and most people are not aware of the requirement to yield at signalized grade crossings even when those signals are not activated.
 
But the full-time yield law is there at every crossing.  How can a driver break that law and not be at fault for the resulting collision?

I commented on this in response to another post.  I'm not aware of any law or legal principle in Illinois requiring a motorist to treat a signalized grade crossing as a "yield" if the signals aren't indicating the approach of a train. 

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Posted by Falcon48 on Saturday, April 24, 2010 12:37 AM

Bucyrus

Mike O

Well, in this case it is the railroad's fault, since the railroad's employees turned off the safety devices. If the crew was at the scene waiting to see if the gates worked, they should have flagged the crossing. Remember, these guys apparently thought the gates were working when in fact they had turned them off. Pretty negligent.

Certainly there is negligence on the part of the railroad, but the driver broke the law by not yielding.  How can this not count?  The yield requirement is not suspended just because the signals are inoperable.

Where do you get the idea that motorists have a "yield" obligation at a signalized grade crossing if the signals don't indicate that a train is coming?  That's a new one on me.

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Posted by Anonymous on Friday, April 23, 2010 7:51 PM

jeaton

Bucyrus

Mike O

Well, in this case it is the railroad's fault, since the railroad's employees turned off the safety devices. If the crew was at the scene waiting to see if the gates worked, they should have flagged the crossing. Remember, these guys apparently thought the gates were working when in fact they had turned them off. Pretty negligent.

Certainly there is negligence on the part of the railroad, but the driver broke the law by not yielding.  How can this not count?  The yield requirement is not suspended just because the signals are inoperable.

You are saying that the railroad didn't break any laws?

I don't mean to say that.  I am only asking about how the blame is placed in a case where the signals fail, but the driver has a legal obligation to yield to all trains no matter whether the signals are activated or not.

 

 

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Posted by jeaton on Friday, April 23, 2010 7:05 PM

Bucyrus

Mike O

Well, in this case it is the railroad's fault, since the railroad's employees turned off the safety devices. If the crew was at the scene waiting to see if the gates worked, they should have flagged the crossing. Remember, these guys apparently thought the gates were working when in fact they had turned them off. Pretty negligent.

Certainly there is negligence on the part of the railroad, but the driver broke the law by not yielding.  How can this not count?  The yield requirement is not suspended just because the signals are inoperable.

You are saying that the railroad didn't break any laws?

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Posted by Anonymous on Friday, April 23, 2010 4:21 PM

Mike O

Well, in this case it is the railroad's fault, since the railroad's employees turned off the safety devices. If the crew was at the scene waiting to see if the gates worked, they should have flagged the crossing. Remember, these guys apparently thought the gates were working when in fact they had turned them off. Pretty negligent.

Certainly there is negligence on the part of the railroad, but the driver broke the law by not yielding.  How can this not count?  The yield requirement is not suspended just because the signals are inoperable.

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Posted by jeffhergert on Thursday, April 22, 2010 3:42 PM

Who says Darwin Awards are only handed out for railroad crossing accidents?  The news is full of stories about people who get themselves into predicaments, then blame everyone but themselves.  Or the next of kin blames everyone else. 

You are right about one thing, though.  Lawyers are usually involved.

Jeff 

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Posted by schlimm on Thursday, April 22, 2010 3:21 PM

jeffhergert
One of my biggest peeves is when I read of a car/train collision at crossings that only have crossbucks, but the press reports as being "unprotected."  I guess going by their line of reasoning, most road intersections are also "unprotected."  Most only have stop or yield signs. 

 

Depending on the location, the term "inadequately protected" would more accurate.  If I were you, I would be careful with the use of phrases like the "Darwin Award" even if it is an inside joke.  If lawyers get hold of that, it could be used to influence juries, convincing them that engineers view road crossings as an opportunity for sport.

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Posted by Mike O on Thursday, April 22, 2010 3:02 PM

Well, in this case it is the railroad's fault, since the railroad's employees turned off the safety devices. If the crew was at the scene waiting to see if the gates worked, they should have flagged the crossing. Remember, these guys apparently thought the gates were working when in fact they had turned them off. Pretty negligent.

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Posted by jeffhergert on Thursday, April 22, 2010 2:43 PM

Bucyrus, I've often thought the same thing.  One of my biggest peeves is when I read of a car/train collision at crossings that only have crossbucks, but the press reports as being "unprotected."  I guess going by their line of reasoning, most road intersections are also "unprotected."  Most only have stop or yield signs. 

Still, since there are warning lights/gates the railroad is going to have a higher degree of liability.  My question is in the way the media is reporting this.  Are they just reporting the news, or are they tainting the jury pool.  I see this with almost all criminal cases too.  If the media likes the victim, reporting is slanted against the accused.  If the media champions the accused, the victim is reviled to just short of saying the victim deserved what they got.  (I suppose I, and others, are also a bit guilty of this, hence the Darwin Awards we are so willing to give out.)

Jeff    

  

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Posted by jeaton on Thursday, April 22, 2010 12:28 PM

Civil cases don't necessarily work out they way.  In order for that defense to work, it would have to be shown that everybody else did exactly what they were supposed to do.  I think the term is contributory neglegence.  It might be employed to try to mitigate the award, but when those kinds of cases go to a jury trial, the jury usually gets to set the award.  I am placing my bets on a big award for the plaintiff.

By the way, there may be some exceptions, but Amtrak's contracts with railroads indemnify them from damages due to anything involving an Amtrak train.  It is likely that Amtrak will have to pick up the tab for this one.

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Posted by eolafan on Thursday, April 22, 2010 12:11 PM

When, oh when, are people going to accept the fact that they really do have personal responsibility to take reasonable precautions in such instances and stop blaming the big, bad railroads?

Eolafan (a.k.a. Jim)
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Posted by Anonymous on Thursday, April 22, 2010 11:55 AM

I don’t want to sound like I am piling on the victim in this crash, but it raises a perplexing question.  Drivers are supposed to yield at grade crossings no matter whether the signals and gates are activated or not, and no matter whether the signals and gates fail to activate upon the approach of a train. 

 

The crossbuck alone requires a driver to yield, and for a driver to yield, a driver must know that no train is approaching before the driver crosses.  That is the law according to the FRA, Operation Lifesaver, and the state DOTs. 

 

While there may be some hair-splitting over what it means to yield in merging situations where no collision occurs, it is 100% clear that if a driver gets hit by a train, that driver did not yield. 

 

Therefore, in cases where a driver gets hit by a train at a grade crossing where the signals have failed to activate, that driver has failed to yield, as the law requires.

 

So, who is at fault in such a collision?  To most people, it would seem to be the railroad’s fault because their warning signals have failed to activate; and most people are not aware of the requirement to yield at signalized grade crossings even when those signals are not activated.

 

But the full-time yield law is there at every crossing.  How can a driver break that law and not be at fault for the resulting collision?

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Posted by blue streak 1 on Wednesday, April 21, 2010 4:30 PM

blue streak 1

Question: When testing a crossing this way shouldn't there be someone on each side of the gates to flag autos to a stop maybe with a fuse at nights? That way if circuit does not work cars are stopped anyway?  Of course maybe only the one maintainer was there.

 

Let me clarify my question. If the CN maintainer wanted to test the signal at speed ( I can see the maintainer's resoning that the crossing gate system might have worked at slower speeds but not 79MPH) then there should have been someone to flag the crossing when the Amtrak train reported 1 mile from crossing.  There may have been reports of the gate system not working at 79 MPH speed.

Is this procedure done whenever any crossing is modified for a higher track speed than original speeds ?

edit: maybe the short Amtrak train did not shunt the crossing system where as a heavy freight might?

 

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Posted by schlimm on Wednesday, April 21, 2010 3:37 PM

 The Chicago press is rightly having a field day with this one:

You read about the promising life and the many accomplishments of 26-year-old Katie Lunn, how beloved she was by so many, and your heart breaks.

But nobody outside those who knew and loved her must feel worse about her tragic death than the Canadian National Railway track crew that was working on the crossing last Friday morning.

"A track crew inadvertently turned off the gates and warning lights at [the] rail crossing," said an online report from the Chicago Tribune.

" 'This was human error,' said an investigator, who asked not to be identified.

If that's true, the nightmare gripping Katie's loved ones is even darker. Some accidents, while so devastating that you never really recover from the loss, just can't be prevented. This does not sound like one of those accidents.

The CN crews reportedly were working to fix a flaw in a signal system that left the lights still flashing and the gates in place well after a train had cleared, creating traffic delays. They thought they'd fixed the problem -- "but they actually deactivated the warning system, creating an unprotected crossing that provided motorists no indication of oncoming trains, officials said," according to the Tribune.

An investigation is ongoing, but I'm trying to figure out: How can there not be redundant safeguards in place? On the human side, how do you walk away from a job like that without making sure everything's working again? How do you not conduct a quick test to ensure the settings for the barriers, lights and bells are good to go?

C&NW, CA&E, MILW, CGW and IC fan

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Posted by Paul_D_North_Jr on Wednesday, April 21, 2010 3:21 PM

Falcon48 - I have not before seen or heard the use of the term ''deranged'' in the context of disabling or ''un-arranging'' railroad grade crossing signals - only in the more common context of a severely mentally unstable or ill person, etc.  But sure enough, a quick Google search discloses that it has been used in the railroad signalling literature and references as at least as far back as 1903.  And here's the first 2 meanings under a definition that I found on-line that corroborates your usage of it, per: http://www.thefreedictionary.com/deranged 

1. To disturb the order or arrangement of.
2. To upset the normal condition or functioning of.

I was wondering the same thing too as blue streak 1 mentions above earlier today - until the correct operation of the crossing signals was tested and confirmed, why wasn't this crossing being flagged, and with a fusee at night ?  The number of personnel shouldn't have been an issue - when a conductor is 'flagging' across a crossing as part of normal switching operations, or when a crossing is subject to a 'flagging order', there's only 1 of him/ her then, too, and that's enough to get the job done.

Putting a far more cynical and devious spin on this, I can see a plaintiff's attorney essentially claiming that the railroad's employee(s) decided to test the crossing signal in the following manner: ''Let's wait until a train comes, and see if it hits anything.''  Now I may be accused of exaggerating that, but - If there was any doubt about the signal operating correctly*, and the CN employees on the scene weren't flagging, then that's pretty much what they were doing !  What else did they expect to happen then if the signal was in fact not operating correctly ?

*And we all know the first rule in most rule books - ''When in doubt, the safe course must be  taken.''  Well, if there was no doubt, then why were they waiting to 'test' the operation of the signal ?  And isn't the 'safe course' to flag the crossing anyway ?  If the signal wasn't working, then the protection was at least attempted to be provided.  And if it is, then they can step aside when it activates and watch it go through its cycle, it seems to me.

Unfortunately, I can see where the employee(s) involved and CN may well have to defend themselves against criminal charges in the nature of involuntary homicide due to gross negligence or recklessness.  The only likely defense may be an honest - but mistaken - belief that the signal had been restored to proper operation, and that it was just being watched to double-check or confirm that.  Against the tragic result, though, that defense will be very hard to establish unless something else can be shown to have gone horribly and unforseeably wrong at the same time.  So we'll just have to wait and see the results of the official investigatons and reports.

- Paul North. 

"This Fascinating Railroad Business" (title of 1943 book by Robert Selph Henry of the AAR)
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Posted by blue streak 1 on Wednesday, April 21, 2010 7:55 AM

Falcon48
One of the other notes in this string suggests the signal crew let the Amtrak train go through at track speed to verify everything was working properly.  That suggests that they didn't do all of the required testing and were taking a short cut.  If they had done all of the testing, they would have known whether a train would actuate the signals.

Question: When testing a crossing this way shouldn't there be someone on each side of the gates to flag autos to a stop maybe with a fuse at nights? That way if circuit does not work cars are stopped anyway?  Of course maybe only the one maintainer was there.

 

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Posted by cnwfan51 on Wednesday, April 21, 2010 5:25 AM

Sad    The young lady killed in that accident was from Fort Dodge Iowa  A real Iowa connection here Larry

larry ackerman
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Posted by Falcon48 on Tuesday, April 20, 2010 11:18 PM

BaltACD

Disabling malfunctioning crossing protection while awaiting parts to repair it, or taking the protection out of service during major track work are not uncommon occurrences. 

There are procedures to be followed first of which is to notify the Train Dispatcher so that the appropriate 'Stop & Flag' train order can be issued to all trains operating over the crossing(s) that have disabled crossing protection.  If this was done, and the train order was issued to the train involved then the responsibility flows to the train crew involved.   If it wasn't done, the onus is on the Signal Maintainer.  If the Maintainer got the appropriate information to the Train Dispatcher, but the Dispatcher did not get it to ALL the affected trains then the onus is on the Train Dispatcher.

  Well, I don't know what actually happened in this accident.  But it suggests a pattern I've seen before.  When a signal crew "deranges" grade crossing or wayside signal circuitry (which is what apparently happened here), railroads have very precise testing procedures which are supposed to be followed to make sure the signals are working properly before the signal crew goes away.  One of the other notes in this string suggests the signal crew let the Amtrak train go through at track speed to verify everything was working properly.  That suggests that they didn't do all of the required testing and were taking a short cut.  If they had done all of the testing, they would have known whether a train would actuate the signals.  Of course, you're right -- if a "stop & flag" order were issued to the train crew, and they didn't obey it (or the distpatcher didn't convey it to the crew), then the signal crew wouldn't have the primary responsibility.  But my guess is that the signal crew simply didn't do all of the required testing becuase they believed the signals were functional.  A similar scenario was responsible for the tragic accident at MacClean, IL on the ex GM&O a few years ago in which a couple of teenagers were killed by an Amtrak train when a grade crossing signal which had circuitry deranged for an inspection failed to activate. We'll see when the final accident report is issued.

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