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NTSB finds trespassing to be probable cause of ‘Midnight Rider’ film crew death
Nice implication NTSB: " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." Leaves it open for the lawyers to move in and sue anyone who crosses property to get to the tracks. Lawyers should not be allowed on investigation boards. It is a severe conflict of interest.
So, if I own property next to a railroad and someone walks across it and then gets hit by a train on that railroad, am I now liable? Does it matter that I didn’t give the trespasser permission and he trespasses on my property anyway to get to the track ? Maybe a lawyer can chime in?
if this isn’t the biggest “DUH!!!” conclusion to an investigation! The accident happened because they were on the tracks…no kidding!!
Notice the board said the adjacent property owner allowed access to the tracks. The film crew apparently had permission from the property owner to use his land. This is not the same thing as someone trespassing on your property to get to the railroad.
The film director’s initial defense was that the land-owner granted them access to film. The critical issue was that the railroad did not grant access to the tracks,. in fact, CSX on multiple occasions had told the film maker that they would;d not permit filming on the tracks.
The director subsequently realized the futility of his position and plead guilty.
Now, whether one of the injured film crew members or the heirs to the deceased can sue the land-owner - it is America anyone can bring a law suit. Winning the case is doubtful. Particularly since the film company specifically knew that the landowner did not own nor control the tracks.
Railroad right of way is private property, adjacent land is the responsibility of the property owner, i.e. your yard and your next door neighbor’s yard.
I take exception to chairman Hart’s wording: “… trains kill and injure…” More appropriate wording would be in the passive voice: “…trespassers are killed and injured…”
Good points, Walter and Dennis. Perspicacity incarnate!!! And it only took 13 months!
And they couldn’t even say “definite cause”? The actual cause of death might have been impalement or blunt force trauma when the deceased was struck by the remnants of the bed, but why is it a problem for the NTSB to state the glaringly obvious? They seem to do a very good job investigating plane crashes without mincing words, from what I’ve seen on the Smithsonian Channel and news coverage.
Thanks for the link to the report. More links to original sources would be appreciated; “for further reading” should be a regular part of News Wire stories.
The film maker/producer is or has gone to jail.