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Group did not have permit for Midland parade
Even without a permit how hard is it for a cop to call the number on the box and tell the railroad what is going on and if there are any trains near by? Not smart. Not getting a permit also is not smart. Many cities tax for those things, so if this was to save money not smart. Next if there was a police escort they knew you needed a permit. The whole thing stinks. Also why were the police not at the crossing and stop light at the crossing stopping traffic and or the floats?
It is a real tragedy that was preventable, but not with the BS the attorney mentions. Having a police or sheriff’s escort does not replace getting a permit. With a permit there could be a process where UP dispatch is notified and signals could be set for restricted speed. Whether this is routine in Midland or elsewhere needs to be discovered. Further, the truck entered the crossing after the warning signals began to sound. However, a sudden stop probably throws a lot of folks out of their chairs on the trailer, which suggests that such a rig is not safe.
that would be interesting to know that in years past when permits were issued for the parade did UP issue speed restrictions thru the possible parade route. That would make the permit eather a true issue or not. I also beleave that the layer’s comment about there was a police escort is completely irevelent, police can stop traffic on side streets to let a parade pass but a aproaching train cant stop any sooner if there is a officer trying to get the train to stop. This is just a terrible accident that i beleve rests on the truck driver that entered the crossing after the lights started. Weather he thought he could make it or tried as to not jar his veteran passengers or what ever the reason, its still a tragic incident
I was looking at Google Street View and discovered that there is an underpass at South Big Spring Street, a few blocks from where the accident happened. Had the parade used this street for the parade route, the accident with the train would not have occurred at all. Maybe the city should consider this for future events.
We assume the drive had a CDL. Commercial driver training warns the truck driver to not enter a crossing if he cannot go all the way across. Further, he must hold in a position where the truck in front can stop and reverse direction if HE cannot get all the way across. There is no substitute for safe driving practices. As with most tragic mishaps, there is plenty of blame to go around. Hopefully, all that blame will result in advanced safety awareness around railroad crossings.
Getting a permission slip from the government wouldn’t have prevented a dumb driver from ignoring crossing signals…
UP motive power are equipped with forward facing cameras. The cameras saved UP butt in court.
Lawyers all should be shark bait. The world would be better off with fewer of them. This attorney is out to make a name for himself and try to make millions.
If the driver really did enter the crossing after the gates started to come down, why would a train horn stop him?
Is there not a camera in the cab of the UP Engine? Seems like that information would be necessary to resolve any issues in this incident.
I understand this accident happened in a quiet zone. I know a train horn is loud and disturbing but if he had been blowing his horn for other crossings people would have heard the train long before it arrived at the crossing. Also did any one notify the railroad of the impending parade so they could issue orders to slow down through this section of Midland.
…illustrating the danger of “Quiet Zones”.
So sad for everyone. I can’t imagine how the train crew feels. It’s time to ban quiet zones.
So sad for everyone. I can’t imagine how the train crew feels. It’s time to ban quiet zones.
Twenty untethered wheelchairs on a flatbed trailer making a sudden stop…ghastly to picture in imagination…Wiley Coyote-like fate.
SP put out what I’ll call parade orders; tho’ I ran on UP from '86 to '02, I remember our trackage-rights local only being voice notified to “be aware of crowds.” I guess crossing parades were walled by the CTC.
Our parade orders told us to run “with caution” at the crossing, not “restricted speed.”
Legalities.
A provision of restricted speed’s rulebook definition once upon a time said, “permitting stopping short of (the obvious impediments)…or other obstructions.”
What chance in a court would the railroad have if an “other obstruction” was folded, spindled or mutilated?
Restricted speed became a stop within half the range of vision short of train, engine or car (read: railroad car) switch not properly lined, looking out for broken rail definition.
Hit a flatbed under “restricted speed,” No rule violation: no liability. Uniquely railroad problems here, not intrusion on the right-of-way by non-railroad representatives.
Certainly there might be other railroad-owned factors, but not included in “restricted speed.”
Legally…aahhh…
The lack of permit signifies that the railroad had no knowledge of the parade. In earlier reports it was revealed that the NTSB has already reviewed dash cams from BOTH the locomotive and trailing police car. Each camera showed that the signal devices were working properly. The way the timing sounds, “…entered the crossing seconds after the warning lights and bells were activated…,” seems to me that either: 1) the driver tried to beat the train, or 2) the driver did not notice the signal activate at all. It truly is a tragedy, but the railroad is not at fault here, and therefore should not be held liable for damages, physical nor emotional.
The report says that police officers from the Sheriff’s department escorted the parade and that no parade permit was issued. Since the Sheriff knew of the parade did he or she also know there was no parade permit? And if the Sheriff did not know if a permit was issued for a parade where his own officers were escorts why then was an escort authorized?
The report says that police officers from the Sheriff’s department escorted the parade and that no parade permit was issued. Since the Sheriff knew of the parade did he or she also know there was no parade permit? And if the Sheriff did not know if a permit was issued for a parade where his own officers were escorts why then was an escort authorized?
The report says that police officers from the Sheriff’s department escorted the parade and that no parade permit was issued. Since the Sheriff knew of the parade did he or she also know there was no parade permit? And if the Sheriff did not know if a permit was issued for a parade where his own officers were escorts why then was an escort authorized?