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battalion51

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This one's just sad. Article was e-mailed to me:

Rail worker scrambled to save woman's lifeChicago Tribune

Believing they had fixed malfunctioning railroad gates and warning lights, Canadian National Railway workers let an Amtrak train pass through the intersection at full speed as a test, only to watch it barrel into a car on the tracks and kill the driver behind the wheel, according to sources involved in the accident probe.

Investigators interviewed a CN worker who saw the line of vehicles converging on the University Park crossing as the Chicago-bound train approached at 78 miles per hour, then ran toward the SUV driven onto the tracks by Katie Lunn, a Chicago dance instructor.

Desperately hoping to save her, the worker got to within about 30 feet of Lunn's car when it was broadsided by the passenger train Friday night.

"The CN crew came back specifically to test the crossing system with that northbound Amtrak train at about 9:30," said a rail safety investigator who spoke with the CN technician who tried to save Lunn, 26, who lived in Lincoln Park. The accident occurred at 9:35 p.m., according to police reports.

The technician "was traumatized as much as someone can be traumatized that he didn't get there in time, and that (Lunn) was so innocent,'' said the investigator, who requested anonymity.

The account, confirmed by federal and state sources involved in the investigation, is the fullest yet of what unfolded at the crossing, where crews had been working to fix a glitch in the warning system.

On Tuesday, the Tribune reported that findings from the ongoing investigation indicate that the grade-crossing protection system at Stuenkel Road in the southern suburb was inadvertently turned off by track maintenance crews installing a nearby interlocking, which controls track switches and train movements at crossings and junctions.

With no safety backstops in place, an unintentional trap was set for some unfortunate driver, who happened to be Lunn, investigators found.

Video taken from the Amtrak locomotive, numerous witness accounts and data downloaded from the control cabinet at the crossing all confirmed that the protective gates and warning devices failed to operate, according to officials with the Federal Railroad Administration, which is leading the accident probe.

Earlier in the day, CN supervisors and crew members knew they had problems. After trains passed through the crossing, the gates and warning devices continued to operate, blocking traffic and creating a false impression to motorists that at least one train was still approaching, investigators said.

By late Friday afternoon, CN officials thought they had the problem resolved on the double set of tracks. Three of the four approaches to the crossing - two southbound and one northbound - were tested when trains approached at different speeds depending on whether they were carrying freight or passengers. The warning devices and gates activated properly at least 20 seconds before the trains entered the crossing, officials said.

Throughout much of the day, an order was in effect requiring trains to either stop short of the crossing at the instructions of personnel holding flags or reduce speed to 15 mph through the crossing. Apparently confident that the slow order was no longer needed, railroad officials lifted it several hours before the accident, investigators determined.

But officials are still combing through documents and conducting interviews with CN personnel and the manufacturer of the crossing equipment to understand why fail-safe procedures were not put in place as a backstop if the final scheduled test of the crossing's warning apparatus were to fail.

Amtrak train No. 392, the Illini going to Chicago Union Station from Carbondale, was the final test train, officials said. The train, which was briefly delayed in Kankakee, was running just under the 79 mph speed limit through the University Park crossing.

A dance competition where some of Lunn's students performed had just ended at nearby Governors State University, and a steady stream of traffic was heading toward the tracks. Lunn's car was sandwiched between other vehicles that had braked for a stop sign as the Amtrak train crossed the roadway, investigators said.

Two motorists who drove over the tracks moments before the train hit Lunn's SUV told authorities the crossing gates did not go down and the lights failed to flash.

One driver recalled seeing a "puff of dirt'' as Lunn's vehicle was hit. The wreckage looked like a "ball of metal,'' she said.

After destroying Lunn's vehicle, the Amtrak train continued on for 2,200 feet before the engineer could bring it to a stop, according to investigators.

"Where was the fail-safe to prevent this tragedy? That's where the problem lies," an investigator said. "(CN) didn't do it right. There is speculation as to why they did what they did, but an accurate picture will emerge at the end of our investigation.''

Even the most diligent defensive drivers, seeing no lowered gates, lights or bells yet still expecting a train to come out of nowhere at virtually every railroad crossing, would have had no chance to escape the Amtrak train, according to authorities re-creating the events leading to the accident that killed Lunn.

But a technology that is in the early stages of being deployed in the U.S. could have led to a different ending.

The technology, placed on board locomotives, is called positive train control. In Friday's crossing-equipment failure, a positive train control system would have notified the Amtrak engineer both that a vehicle was on the tracks and that the crossing system was inoperable. Even if the engineer failed to heed the warning, the positive train control system would have stopped the train.

"Positive train control is probably the most significant safety initiative in the history of railroading and certainly something that would have the ability to prevent a tragedy like this,'' said Joseph Szabo, the administrator of the Federal Railroad Administration who was in Chicago on Tuesday attending a congressional field hearing on high-speed rail.

In the situation at University Park, a positive train control system on board the Amtrak train would have detected at least 1 mile out from the crossing whether the protection system at Stuenkel Road was powered up and in service, investigators said. In addition, confirmation would have been given to the train engineer at least 4,000 feet from the crossing that the gates and lights had successfully deployed.

The nation's railroads last week faced a deadline to submit their proposals for implementing positive train control. The railroads have until the end of 2015 to fully install and operate the system.

But there is resistance among some freight railroads to include crossings in the initial rollout of positive train control. The freight carriers see positive train control as providing huge efficiency benefits, but they are concerned about the cost of equipping their fleets with systems that detect blockages on tracks and malfunctioning crossings.
I know CN has to have an operating rule similar to CSX Operating Rule 100-J. If there was the slightest glimmer of doubt the crossing might not work they should have been flagging the crossing. This same worker very easily could've flagged the crossing while still running the integrity test. I'll be interested to see how the lawsuit/settlement goes...
 
First let me say, my heart goes out to all who were affected by this incident from her family, to her friends, to the Amtrak engineer(s), to the CN crew unable to do much if anything at the time.

While yes, most of the fault lies with CN, the driver still drove onto the tracks and sat there. I've not yet encountered a situation where I've been forced onto the tracks. I always wait until I can fit my entire vehicle on the other side crossing signals or not.
 
did the women not see or hear the train coming. im sure he/she was blowing the horn. did she not have enough time to escape the vehicle or did she think the train would stop in time.
 
did the women not see or hear the train coming. im sure he/she was blowing the horn. did she not have enough time to escape the vehicle or did she think the train would stop in time.
She drove right through the crossing because the gates/lights weren't working as they should have. She is in no way at fault, as she has no legal obligation to stop at a signaled crossing if the crossing lights weren't working. Even I, who has knowledge about the dangers of grade crossings, doesn't stop at a signaled crossing when the signals aren't going, except when I'm driving a bus somewhere, in which case I'm legally obligated to.

A very tragic story.
 
did the women not see or hear the train coming. im sure he/she was blowing the horn. did she not have enough time to escape the vehicle or did she think the train would stop in time.
She drove right through the crossing because the gates/lights weren't working as they should have. She is in no way at fault, as she has no legal obligation to stop at a signaled crossing if the crossing lights weren't working. Even I, who has knowledge about the dangers of grade crossings, doesn't stop at a signaled crossing when the signals aren't going, except when I'm driving a bus somewhere, in which case I'm legally obligated to.

A very tragic story.
In many places, it is illegal to enter an intersection if you cannot pass completely through it. Even if you have a green light, if traffic is backed up such that you'd be stopped in the middle of the cross-street, proceeding into the intersection is illegal. I have no idea whether there exist any laws similar to this for railway crossings, but it's certainly common sense.

I'm not saying CN isn't at fault here, and I'm not saying the driver definitely broke any laws. But the driver could have exercised more common sense if she knew her car would be forced to stop on the tracks because of traffic being backed up on the other side. It's not like she came through the grade crossing at twenty miles per hour; she proceeded onto the tracks in slow-moving traffic and slowed to a stop on the tracks. That's never smart :(
 
i know she drove right threw the crossing and stopped due to traffic but why didn't she exit the vehicle when the train was coming. did she not hear the train while waiting for traffic to move.
 
did the women not see or hear the train coming. im sure he/she was blowing the horn. did she not have enough time to escape the vehicle or did she think the train would stop in time.
She drove right through the crossing because the gates/lights weren't working as they should have. She is in no way at fault, as she has no legal obligation to stop at a signaled crossing if the crossing lights weren't working. Even I, who has knowledge about the dangers of grade crossings, doesn't stop at a signaled crossing when the signals aren't going, except when I'm driving a bus somewhere, in which case I'm legally obligated to.

A very tragic story.
In many places, it is illegal to enter an intersection if you cannot pass completely through it. Even if you have a green light, if traffic is backed up such that you'd be stopped in the middle of the cross-street, proceeding into the intersection is illegal. I have no idea whether there exist any laws similar to this for railway crossings, but it's certainly common sense.

I'm not saying CN isn't at fault here, and I'm not saying the driver definitely broke any laws. But the driver could have exercised more common sense if she knew her car would be forced to stop on the tracks because of traffic being backed up on the other side. It's not like she came through the grade crossing at twenty miles per hour; she proceeded onto the tracks in slow-moving traffic and slowed to a stop on the tracks. That's never smart :(
Precisely. Even without working gates, she should not have proceeded onto the grade crossing since she could not clear the grade crossing. Traffic was backed up at the stop sign on the other side of the crossing. So she broke the law by stopping on the tracks and not stopping short of the tracks to await her chance to clear the tracks in their entirety.

That said, CN still blew it big time here.

Unfortunately, Amtrak will be the ones that pay any settlements under the agreements between RR's.
 
i know she drove right threw the crossing and stopped due to traffic but why didn't she exit the vehicle when the train was coming. did she not hear the train while waiting for traffic to move.
Most likely she just panicked and froze. Perhaps she was also thinking that the train was coming more slowly and that she could still clear the crossing and save her car. Sadly we'll never know what her last thoughts were. :(
 
In many places, it is illegal to enter an intersection if you cannot pass completely through it. Even if you have a green light, if traffic is backed up such that you'd be stopped in the middle of the cross-street, proceeding into the intersection is illegal. I have no idea whether there exist any laws similar to this for railway crossings, but it's certainly common sense.
I'm not saying CN isn't at fault here, and I'm not saying the driver definitely broke any laws. But the driver could have exercised more common sense if she knew her car would be forced to stop on the tracks because of traffic being backed up on the other side. It's not like she came through the grade crossing at twenty miles per hour; she proceeded onto the tracks in slow-moving traffic and slowed to a stop on the tracks. That's never smart :(
Ah, I didn't realize that was the case. Stopping a vehicle on the tracks is a whole different matter. At least where I live, I believe that's illegal - it certainly is in a traffic intersection, as a year or two ago they went around painting traffic boxes in all the major intersections to clearly show that you cannot pull into an intersection unless you can get all the way across.

It's no less tragic an incident, but from a liability perspective, I wonder how much working crossing gates would have helped.
 
As a person who drives across that crossing quite frequently, I must say that it is very tricky in the westward direction. There's a four way just beyond the tracks with room for only two or three cars between the stop sign and tracks. It's very hard to judge the movement of traffic. Although I try to make sure that there is room before proceeding across the tracks, on several times I found myself stopped for the main track for a few moments. The woman was attending an event at nearby Governors State University. Not being from the local area, she may had misjudged the traffic situation on the west side of tracks. It was also after dark, compounding the problem. The real question is, if the CN signal crew came back to observe the operation of the gates invovlving a northbound train, why didn't they flag the crossing? If there was some doubt as to whether the gaes weret operating correctly they should have provided protection. The fact that the gates were inadvertently turned off only compounded the problem. As far as getting out of the car, the train was probably on her too fast to react, it was traveling just below its authorized 79 mph speed. It's a very tragic situation for all concerned and heightens the need for all of us to be vigilant at every railroad crossing. Expect a train at any time in any direction.
 
i know she drove right threw the crossing and stopped due to traffic but why didn't she exit the vehicle when the train was coming. did she not hear the train while waiting for traffic to move.
Most likely she just panicked and froze. Perhaps she was also thinking that the train was coming more slowly and that she could still clear the crossing and save her car. Sadly we'll never know what her last thoughts were. :(
You're almost certainly right, though yes, we'll never know. But she probably wouldn't have had much time for any such thoughts, no matter what they were.

It's possible that her radio was on and her gaze was focused forward, on traffic. By federal law, the train horn can be a maximum of 110 decibels and should be sounded a maximum of 20 seconds before the crossing, or "If a train is traveling faster than 45mph, engineers will not sound the horn until it is within ¼ mile of the crossing, even if the advance warning is less than 15 seconds" (FRA rule). (Though the page doesn't mention it, I am sure this rule may be broken the moment the engineer sees a car or pedestrian on the tracks ahead.)

Even so, at 79 mph, 15 seconds is 1738 feet, or 1/3 of a mile. And the loudness of a train horn is only 90 decibels at 500 feet according to this chart. I haven't found a good car stereo decibel estimate, but a "walkman on 5/10 volume" is 94 decibels by the same chart. In other words, even at 500 feet away, the train horn might just have equaled the volume of her stereo, so at three times that distance she might not have noticed it at all. She might have had at most 5-10 seconds to react once she realized there was a train coming.

I suspect it takes a typical person at least 10 seconds to 1, realize there's an emergency, 2, unbuckle, 3, open the door, 4, get out of the car, and 5, run at least 6 feet away from the car. That might be a lot more time than she had.

Even if her radio was off, giving her maximum hearing range, and even if the engineer had good visibility for a mile, saw a car stopped on the tracks, and started sounding his horn 45 seconds before the crossing knowing it was an emergency situation which takes precedence over "the rules", if it took her fifteen seconds to realize "is that a train horn in the distance?... that is a train horn... it's getting louder... wait, does that mean... oh s***!" and then a few seconds of panic before she collects herself and realizes what she's got to do, she's barely got enough time to get out moving at maximum speed.
 
I suspect it takes a typical person at least 10 seconds to 1, realize there's an emergency, 2, unbuckle, 3, open the door, 4, get out of the car, and 5, run at least 6 feet away from the car. That might be a lot more time than she had.
You probably have better chances just flooring the accelerator and running into the car ahead of you.
 
I suspect it takes a typical person at least 10 seconds to 1, realize there's an emergency, 2, unbuckle, 3, open the door, 4, get out of the car, and 5, run at least 6 feet away from the car. That might be a lot more time than she had.
You probably have better chances just flooring the accelerator and running into the car ahead of you.
If the car ahead of you is stopped, and there's less than a car-length between it and you, that won't help matters.
 
That said, CN still blew it big time here.
Unfortunately, Amtrak will be the ones that pay any settlements under the agreements between RR's.
The more I think about this, the more I find myself astonished that Amtrak would accept the potential liability here by knowingly allowing their trains to be used to test a known-to-be-potentially-malfunctioning grade crossing. CN has basically admitted "we wanted to be sure this would work at both freight and passenger speeds, so we took the slow order off to see what would happen with a train at passenger speed". I would think Amtrak should have said "you can't say for certain this will work, and it's our liability if it doesn't, so we're going to let you run your own test train at speed; we're going to treat this as a slow order for our trains until it's been tested". I know they're under CN's dispatching, but surely there's some prerogative for an engineer to act in a safer manner than the dispatcher if track conditions warrant that.

Did the engineer have no idea what was going on -- that the grade crossing was actually in testing, and that he was "the test train"? If so, I would hope there is some grounds for Amtrak suing CN over this. I know what the agreements are, but there's a far, far greater demonstration of negligence here -- "we know it may still be broken, and we're knowingly using you as a test train" -- than under normal accident circumstances -- eg, "oops, it was broken, our bad, but your liability". If the engineer knew, I can see it still being Amtrak's liability clearly. But if the engineer didn't know -- if CN had some degree of doubt about the grade crossing and was withholding that information -- that just seems like it's a different legal ballgame altogether.
 
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Luckily, my work doesn't involve things that are potentially dangerous. However, when we test, we don't test in a "Live" environment, we test in a staging environment without the interaction of end users. Granted, you can't test a grade crossing in a "staging" environment, but, you can test it without the interaction of end users. Since there was some doubt that the crossing would work, the CN personnel should have been physically blocking the crossing when the Amtrak train was on approach to ensure there was no one was on the crossing should the signals fail (as they did). So I don't blame Amtrak at all no matter what knowledge the engineer had or didn't have. The slow order had been lifted by CN dispatch, indicating to the engineer there was no longer a danger. I'm sure most of us have been on trains that had to stop at a grade crossing and the crew had to physically block traffic.

All that being said, this is a tragic accident and I feel for everyone involved - the family and friends of the woman that was killed, the Amtrak engineer and crew, the dispatchers and supervisors, the CN crew on site, and even the lady in the car ahead of her. These things can haunt them all forever, regardless of who the blame eventually lands on.
 
That said, CN still blew it big time here.
Unfortunately, Amtrak will be the ones that pay any settlements under the agreements between RR's.
The more I think about this, the more I find myself astonished that Amtrak would accept the potential liability here by knowingly allowing their trains to be used to test a known-to-be-potentially-malfunctioning grade crossing. CN has basically admitted "we wanted to be sure this would work at both freight and passenger speeds, so we took the slow order off to see what would happen with a train at passenger speed". I would think Amtrak should have said "you can't say for certain this will work, and it's our liability if it doesn't, so we're going to let you run your own test train at speed; we're going to treat this as a slow order for our trains until it's been tested". I know they're under CN's dispatching, but surely there's some prerogative for an engineer to act in a safer manner than the dispatcher if track conditions warrant that.

Did the engineer have no idea what was going on -- that the grade crossing was actually in testing, and that he was "the test train"? If so, I would hope there is some grounds for Amtrak suing CN over this. I know what the agreements are, but there's a far, far greater demonstration of negligence here -- "we know it may still be broken, and we're knowingly using you as a test train" -- than under normal accident circumstances -- eg, "oops, it was broken, our bad, but your liability". If the engineer knew, I can see it still being Amtrak's liability clearly. But if the engineer didn't know -- if CN had some degree of doubt about the grade crossing and was withholding that information -- that just seems like it's a different legal ballgame altogether.
It doesn't have so much to do with the actual liability as with the contractual agreements that allow Amtrak access. Typically, my understanding on the Amtrak contracts, is each party holds the other party harmless -- Amtrak pays for their damages, CN pays for theirs, regardless of who is at fault. I am not a lawyer, but my understanding is that if an Amtrak passenger had been injured in this, Amtrak would assume any liability payment due that passenger and would be unable to recover it from CN. However, since the poor woman that was hit in this had nothing to do with Amtrak (except, of course, being crushed by a properly operated locomotive that was improperly authorized by CN to proceed through the crossing at track speed), it seems a lot less clear cut to me. In this case, it was all CN, and, while Amtrak will of course get pulled in, I don't think it is a slam dunk in terms of the indemnify and hold harmless agreements between Amtrak and CN that Amtrak would have to pay. It may be a straight liability call, and that would go towards CN.
 
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It doesn't have so much to do with the actual liability as with the contractual agreements that allow Amtrak access. Typically, my understanding on the Amtrak contracts, is each party holds the other party harmless -- Amtrak pays for their damages, CN pays for theirs, regardless of who is at fault. I am not a lawyer, but my understanding is that if an Amtrak passenger had been injured in this, Amtrak would assume any liability payment due that passenger and would be unable to recover it from CN. However, since the poor woman that was hit in this had nothing to do with Amtrak (except, of course, being crushed by a properly operated locomotive that was improperly authorized by CN to proceed through the crossing at track speed), it seems a lot less clear cut to me. In this case, it was all CN, and, while Amtrak will of course get pulled in, I don't think it is a slam dunk in terms of the indemnify and hold harmless agreements between Amtrak and CN that Amtrak would have to pay. It may be a straight liability call, and that would go towards CN.
You are correct. The no-fault indemnification does not apply in this case. The shared liability will be determined by settlement or by the courts. Given the fact as we know them, CN would appear to be the party that will be held largely if not fully responsible. I would expect a settlement.
 
This is definitely a PR nightmare for CN. "We just wanted to make sure it worked. Oops." I definitely feel for all parties involved, don't get me wrong. Mistakes happen, but this is a huge mistake. Does anyone know what rule book CN is operating on? Are they a GCOR railroad? I still stand firm in my belief that the principle of 100-J should've been used. If in ANY doubt, flag the crossing.
 
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