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AMTRAK - TRE dispute may have both loosing ?

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<p>[quote user="Falcon48"]</p> <p> </p> <blockquote> <div><img src="/TRCCS/Themes/trc/images/icon-quote.gif" /> <strong>blue streak 1:</strong></div> <div> <p> </p> <p><a href="http://www.dallasnews.com/news/community-news/fort-worth/headlines/20120807-fort-worth-s-t-rail-stays-mum-on-legal-dispute-with-amtrak.ece">http://www.dallasnews.com/news/community-news/fort-worth/headlines/20120807-fort-worth-s-t-rail-stays-mum-on-legal-dispute-with-amtrak.ece</a></p> <p>It is amazing these liability issues keep croping up all over the country.</p> <div style="clear:both;"></div> <p> </p> </div> </blockquote> <p> </p> <p>The news article is pretty interesting, if it's accurate (given the difficulties the media has in accurately reporting on railroads, I wouldn't necessarily assume that it is).  It seems to say that Amtrak is insisting that TRE assume liability for accidents to Amtrak trains on TRE trackage.  </p> <p>To my knowledge, that's not how Amtrak's arrangements with freight railroads are structured.  Generally, Amtrak assumes liability  for accidents involving its trains and passengers.  That's consistent with the philosophy underlying these deals.  Amtrak was supposed to relieve the freight railroads of any financial responsibility for intercity passenger service.  "But for" the Amtrak operations, the freight railroad wouldn't have any financial responsibility for passenger train accidents (becuase there wouldn't be any passenger trains).  Therefore, Amtrak assumes that liability.  </p> <p>It's certainly not unreasonable for TRE to insist on the same kind of lability arrangemetns that Amtrak has with freight railroads.  After all, why should TRE take on liability exposure for accidents to Amtrak trains which it can completely avoid by not permitting Amtrak operations?  And why should TRE take on more liability exposure than the host railroad has on Amtrak's current route?   [/quote]</p> <p>I did a search on Amtrak's contracts with the carriers that hoist its trains.  I did not find much, although I would not describe my search as robust.  One posting on Railroad.net said that the terms of the contracts are private.</p> <p>I am not a lawyer.  However, I managed a lot of the contracts for large construction projects in the electric utility business. It would be unusual for the hoist carrier and/or Amtrak to be completely liable for incidents involving Amtrak's trains.  If it were clear that Amtrak caused an incident, as I understand the law, it would be liable. On the other hand, if the incident was clearly the fault of the hoist railroad, I would think that it would be liable.</p>
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