UP train hits parade float

[J T]

"We think that the root cause of the accident is the short warning time," Glasheen said.

No, the root cause of the accident is a moron driver who stopped the truck on an active set of railroad tracks.

[Saturnalia]

"We think that the root cause of the accident is the short warning time," Glasheen said.

No, the root cause of the accident is a moron driver who stopped the truck on an active set of railroad tracks.

Moron or not, he's not going to be facing any charges:

http://www.foxnews.com/us/2013/01/09/pa ... latestnews

A grand jury on Wednesday declined to indict the driver of a float involved in a train collision that killed four U.S. military veterans in a West Texas parade.
Dale Andrew Hayden, the driver of the truck pulling the float, will not face charges stemming from the Nov. 15 accident that killed four veterans who had served in Iraq and Afghanistan. Sixteen other people were injured.

[Gadfly]

"We think that the root cause of the accident is the short warning time," Glasheen said.

No, the root cause of the accident is a moron driver who stopped the truck on an active set of railroad tracks.

Moron or not, he's not going to be facing any charges:

http://www.foxnews.com/us/2013/01/09/pa ... latestnews

A grand jury on Wednesday declined to indict the driver of a float involved in a train collision that killed four U.S. military veterans in a West Texas parade.
Dale Andrew Hayden, the driver of the truck pulling the float, will not face charges stemming from the Nov. 15 accident that killed four veterans who had served in Iraq and Afghanistan. Sixteen other people were injured.

I swear, this country has succumbed totally to the doctrine of "it's always somebody ELSE's fault". There's been a crossing there for YEARS, but lets blame the railroad if I don't see the way is clear to cross. Let's drain THEM for somebody ELSE's mistake. This p***es me off!

[M.D.Bentley]

WHAT a way to treat our Veterans.

[Tom]

What BS. However, it WAS an accident. I doubt the truck driver did it intentionally. Darwin roots these folks out eventually anyway.

[Gadfly]

What BS. However, it WAS an accident. I doubt the truck driver did it intentionally. Darwin roots these folks out eventually anyway.

The BS is trying to blame UP for the driver's actions! It is still (or always was) the responsibility of the DRIVER
to see that the way is CLEAR ahead, that he can get across and clear any traffic in his way. It would STILL be the driver's responsibility to STOP short of the crossing and WAIT until such traffic proceeded far enough ahead for him to do so as well. How often have you seen people, in such a hurry, so wrapped up in their stupid cellphone, drive right up on a crossing and get TRAPPED? Then they get hit and want to sue the railroad! "OH, poor, poor me-I drove up on the crossing and the train came along especially to run me over! Oh boo hoo!!" THAT, my friend is the Bull****! A passenger-carrying vehicle is, and must be, held responsible to account for any and all obstructions, obstacles, situations that impact the safety of his vehicle and passengers. I'm firmly in Union Pacific's corner on this one! UP ought not have to pay ONE thin dime, as sorry as I am for those who were killed and injured. Right is right, and wrong is wrong.

[DT&I]

Ok ok calm yourself, yes it was a stupid move but people don't always make the right decision, ask yourself: did that driver really want all the veterans to get killed? How do you think he feels knowing that with his mistake he cost people their lives?

[Tom]

Ok ok calm yourself, yes it was a stupid move but people don't always make the right decision, ask yourself: did that driver really want all the veterans to get killed? How do you think he feels knowing that with his mistake he cost people their lives?

I'm just saying it was not deliberate. When they say "no charges" hopefully he at least got a ticket for failure to stop at the signal/accident causing death. I'm sure civil suits will follow. I'm just stating the fact that many drivers do the same thing and will continue to do so. And I'm not so quick to blame mobile phones for everything either because I know plenty of folks with millions of safe miles who use them properly. I also know others who are distracted even when picking their nose or talking to a person in the seat beside them that they have had many accidents; and they don't even own a mobile phone.

When they outlaw phones they will find something else to blame for what is just inept driving.

[DT&I]

Yes he should be ticketed becuase laws are laws.

[ConrailMan5]

One thing to ponder is the public view of the driver. He was a "victim" too. To most his trick was struck by a big noisy polluting train that failed to yield to the truck. Not to mention that the crossing gates weren't working

[M.D.Bentley]

HIS actions resulted in the death of those veterans. The TRAIN was not a surprise, the tracks have been there for how long ? HE is a truck driver ( REALLY!) ? He will suffer enough, if he has a conscious.

[Ypsi]

MIDLAND, Texas – Union Pacific is asking that if lawsuits stemming from last year’s collision in Midland that killed four veterans on a parade truck make it to trial, jurors should be able to consider whether actions by parade organizers and the hosting city contributed to the crash. The veterans were killed when a parade truck drove into a crossing and was struck by a UP train on Nov. 15, 2012. The crossing was protecting by light and crossing gates, which activated as the truck was stopped on the tracks.

UP is asking that the city of Midland, Midland County, and the parade organizers be designated as responsible third parties because they failed to exercise “ordinary care” in their actions relating to the parade. Such a designation would allow the company to avoid being held solely responsible, the Associated Press reports.

“Union Pacific does not seek to recover money from them,” company spokeswoman Raquel Espinoza-Williams told AP. “We just want the jury in this to fully consider all of the entities whose actions may have contributed to the cause of the accident.” The veterans were riding on a flatbed truck that was hit by a train traveling 62 mph. The truck was the second float in a parade that was part of a weekend of hunting and shopping for veterans wounded in Afghanistan and Iraq and their wives.

Lawsuits filed in Dallas and Midland claim Union Pacific was negligent on several fronts, including failing to provide proper warning at the crossing where the accident occurred.

But in court motions filed earlier this month, the company argues that the city, county and parade organizer are responsible for the collision. It contends that none of the listed entities informed the railroad the parade would take place or sought to take steps to coordinate their plans with the company.

The documents also cite the organizer, Show of Support-Hunt for Heroes, for failing to obtain a parade permit, and the city for failing to enforce its parade ordinance.

A spokeswoman for the city said she couldn’t comment on pending litigation. Earlier this month, the Midland city council gave final approval to an ordinance making detailed changes to how parades are permitted. Under the new ordinance, which takes effect March 1, any parade that crosses railroad tracks must receive approval from the council.

In preliminary statements after the accident, National Transportation Safety Board investigators said the crossing’s warning system was activated 20 seconds before the collision in accordance with federal regulations and that the gates began to descend seven seconds later. Investigators have said the truck began crossing the tracks even though warning bells were sounding and the crossing lights were flashing. The Midland County district attorney announced last month that a grand jury had declined to indict the driver.

The accident remains under investigation by the NTSB.

[Saturnalia]

Driver walks away cause they don't charge him, UP settles out of court or gets to pay lots of $$$$$. Shameful.

[Gadfly]

Ok ok calm yourself, yes it was a stupid move but people don't always make the right decision, ask yourself: did that driver really want all the veterans to get killed? How do you think he feels knowing that with his mistake he cost people their lives?

So then WHY is this mistake the fault of Union Pacific? How MANY other vehicles have crossed that track under the same conditions that existed at the time of the accident without incident? Probably THOUSANDS! It doesn't matter what HE thinks. What matters is Right and Wrong! And the driver and/or his employer should be footing the bill on this one, not Union Pacific!

[Saturnalia]

NTSB released their findings & recommendations:

http://www.ntsb.gov/news/events/2013/mi ... landTX.pdf

Basically: notify the railroad before planning a parade over railroad tracks.

[Schteinkuh]

So the city held that parade without a permit. And now they are suggesting blackout signs that read "train" on the crossing......that'll be funny when a Hi railer rolls through.

[Raildudes dad]

So the city held that parade without a permit. And now they are suggesting blackout signs that read "train" on the crossing......that'll be funny when a Hi railer rolls through.

Hi railer's typically don't activate signals

[Schteinkuh]

So the city held that parade without a permit. And now they are suggesting blackout signs that read "train" on the crossing......that'll be funny when a Hi railer rolls through.

Hi railer's typically don't activate signals

Last time I saw one in st joe it did.... Hmm

[AARR]

So the city held that parade without a permit. And now they are suggesting blackout signs that read "train" on the crossing......that'll be funny when a Hi railer rolls through.

Hi railer's typically don't activate signals

Last time I saw one in st joe it did.... Hmm

I've seen it both ways on Class 1's. It seems on the main line they are activated but if its on a siding it may not have activated.

[Saturnalia]

So the city held that parade without a permit. And now they are suggesting blackout signs that read "train" on the crossing......that'll be funny when a Hi railer rolls through.

Hi railer's typically don't activate signals

Last time I saw one in st joe it did.... Hmm

Is this a train or a hi-railer?