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NTSB releasing Amtrak 188 crash documents today
There is a lengthy article about this, pre the release of this report, in the NYTimes Magazine of Jan. 31.
The NYT article discussed in much more detail the possibility of a rock strike incident just prior to the crash. It’s plausible that Bostian’s head injury could have been before the crash - as a result of being startled by the rock strike. If hitting his head caused him to be temporarily disoriented or even knocked out, that might explain his brief loss of memory and control over the train.
In my opinion, these circumstances are enough to cast “reasonable doubt” on his criminal responsibility, but not enough to resolve all questions about his fitness to serve as a passenger locomotive engineer. I don’t think he should go to jail, but I also don’t think he should ever have a hand on the throttle again. Anyways, if I were him I’m not sure I’d ever want to see another train, much less drive one.
So, he’s basically admitting that he screwed up. I’m surprised that the union lawyers let him say that much. I don’t buy the rock throwing defense some fans are suggesting. Those locomotive windows are plenty thick (made to withstand a brick dropped from an overpass) and I doubt a human being could throw one at a velocity that would break one of those windows. The FBI ruled out a bullet. So, I think it was just a case of inexperience with these locomotives and forgetting where he was on the route. Probably not a jailable offense but I doubt he’ll operate a locomotive again.
NTSB investigations are to prevent future accidents. Neither the report itself nor any testimony given may be used in either civil or criminal court. This gives those participants limited immunity and does not allow a witness to claim constitutional rights(fifth amendment) against self incrimination. Those who understand the process, like a well organized union( like the Brotherhood of Locomotive Engineers or UTU) are quite willing to have their members testify as a well run investigation does prevent future accidents. NTSB has the authority to investigate not legislate. They get a lot done just by being able to explain how an accident happened. Sometimes little things make all the difference between life and death.
Habit gets you killed on the railroad. Might the engineer have made the usual tweak of the throttle that would have gotten an AEM-7 to eighty with plenty of margin for the slack to fifty, but on the ACS-64, the response is so different that he’s in trouble with no recovery margin?