Southwest Chief Derailed in KS 03/14 early AM

[eblkheart]

Would these folks likely get any kind of voucher/return of points for all their troubles? If so, would Amtrak offer it or would they have to call someone and ask for it?

Greatcats--thanks for the update.

My train last year was 11 hours late and I had gotten a voucher for part of the trip. I did have to call, but once they looked at my trip info, they had zero issues issuing something to me very quickly.

 

[Agent]

Amtrak and BNSF Railway have filed suit against the feed company.

 

[afigg]

The interesting bit in the KWCH article is:

Court documents show Amtrak is alleging Cimarron Crossing Feeders employees left a feed truck unattended, out of gear and without the brakes on. It said that truck rolled downhill and hit the track causing damage "that resulted in a displacement of the railroad tracks of over one foot."

Amtrak is accusing the employees of removing the truck from the track area without telling anyone about the damage the truck caused to the tracks

I had not been following the news reports closely. I had figured that someone drove the truck over the tracks and hit the track. Instead, it was an unattended truck that rolled downhill and slammed into the rail. What I am curious about is just how much force it took for the truck to displace the railroad track by over 1 foot. That is a not a minor or small hit. That truck had to be rolling downhill at a decent speed. Not going to be able to claim plausibly in court, hey it was a minor fender bender, didn't think anyone would notice.

 

[Karl1459]

I can easily see a scenario where those responsible for the truck were more concerned with the obvious issue of getting the truck off the railroad right of way and made an assumption that the track was an immovable object and so was not possible to damage. They then either did not inspect the track or were not capable of knowing the track was damaged.

 

[Thirdrail7]

I can easily see a scenario where those responsible for the truck were more concerned with the obvious issue of getting the truck off the railroad right of way and made an assumption that the track was an immovable object and so was not possible to damage. They then either did not inspect the track or were not capable of knowing the track was damaged.

Agreed. I would also add they may not even know who to report this incident to or how.

 

[greatcats]

How about notifying the police for starters? They likely wanted to sweep the matter under the rug. Terrible result of irresponsible behavior.

 

[Thirdrail7]

How about notifying the police for starters? They likely wanted to sweep the matter under the rug. Terrible result of irresponsible behavior.

Notifying them of what? I had a car run away and it came to rest against a railroad? I suppose if you backed into a telephone pole coming out of a parking spot and it didn't leave a dent in your car, you'd start calling 911 and the utility companies? Hindsight is always 20/20.

 

[jfandre]

You can see the hill the truck rolled down in the street view:

https://goo.gl/maps/GAY3T8TFTrz

 

[KmH]

. . .

Apparently a corn feed truck drove over the tracks and knocked them out of whack.

peter

That's not what the report says, and not what the photos in the report show.

The truck hit the ties with it's bumper perpendicular to them and pushed the ties and attached tracks sideways and out of alignment.

 

[afigg]

How about notifying the police for starters? They likely wanted to sweep the matter under the rug. Terrible result of irresponsible behavior.

Notifying them of what? I had a car run away and it came to rest against a railroad? I suppose if you backed into a telephone pole coming out of a parking spot and it didn't leave a dent in your car, you'd start calling 911 and the utility companies? Hindsight is always 20/20.

The truck had visible damage to its front bumper according to the NTSB preliminary report: "Investigators observed damage to the truck’s front bumper. The front bumper’s left and right mounting brackets were broken; the fracture faces were clean and had no sign of oxidation—indicating a recent break."

The link to the initial complaint filed by Amtrak and BNSF is provided in the KWCH report. The complaint is only 7 pages long and is a terse summary of the reasons for the lawsuit. Obviously will be followed by more detailed complaints, discovery, and depositions, but the complaint lays out the basics of the claim. The feed truck rolled across Rt. 50, so they got lucky it did not hit a car.

Cimarron apparently had to tow the truck off of the track bed and it is claimed failed to notify BNSF at any time of what occurred. Whether Cimarron or its employees or managers should have known to notify BNSF will be a key part of the litigation issues.

 

[niemi24s]

Using a combination of Google Earth and a topographic map it appears the truck traveled from a height of about 82' above the tracks down a grade of about 3.8%. As the train derailed at about local midnight, it's possible the damage to the track and the removal of the feed grain truck also occurred in the darkness.

It could have been a lot worse, I think, if the truck had struck the track just as the train was passing and hit the train too.

 

[TrackWalker]

How about notifying the police for starters? They likely wanted to sweep the matter under the rug. Terrible result of irresponsible behavior.

Notifying them of what? I had a car run away and it came to rest against a railroad? I suppose if you backed into a telephone pole coming out of a parking spot and it didn't leave a dent in your car, you'd start calling 911 and the utility companies? Hindsight is always 20/20.

That is exactly what you do. Dial 911.

They then call the the area railroad dispatcher. All trains in that stretch of track are stopped.

Dispatcher calls the MOW call desk who then calls out the local track inspector or foreman.

He eventually arrives to inspect the track and either says, "Tracks are OK for train movement " or "Oh, S**t".

I've spent many a night out called out to do this. Freight can wait. Amtrak can wait.

Luckily, all I've ever had to say was, "OK for train movement."

 

[greatcats]

Sorry, Thirdrail, I must disagree with you and agree with Track Walker. Backing into a telephone pole is quite a bit different than bending a railroad track out of alignment. Somebody slipped up big time there not notifying the railroad.

 

[AmtrakBlue]

Sorry, Thirdrail, I must disagree with you and agree with Track Walker. Backing into a telephone pole is quite a bit different than bending a railroad track out of alignment. Somebody slipped up big time there not notifying the railroad.

I think Thirdrail7 was implying the truck people did not even know they damaged the track with his comparison of hitting a pole. If you don't think you caused damage that could be a problem later, you're not likely to call it in.

 

[Just-Thinking-51]

If they used a tow truck to remove the feed truck, then the railroad should of been notified. If the driver was able to self recover the truck, I can see him not reporting. (Trying to keep his job.) But the use of a tow truck to recover the feed truck, means people were notified. Even if the feed truck bounce off the track and roll back into the ditch next to the track. You have a tow truck company that is use to working with police, fire, and EMS. They understand damage need to be reported. (Guard rails, bridges, Hazmat, and even dirt-mud). Clean up is just as big as recovering the vehicle, if not more costly.

 

[greatcats]

I agree that if the truck was self removed, those responsible clammed up in order to keep their job. That is understandable to a certain extent, but I still find it irresponsible conduct. Yes, it may have been dark, but if the track was dislodged that far out of alignment, how could they have missed it? If a tow truck or police were involved, then it is ridiculous that the railroad was not notified. The resulting wreck was terrible, although the results could have been much worse. I was amazed that the entire consist was run east several days later. ( You may have seen my mention recently that a member of my church from Flagstaff was on that train and she was badly shaken up, but fortunately not seriously injured. )

 

[niemi24s]

Oh goody - now we've got a third party tow truck involved. Involved to assist in the removal of a tractor-trailer belonging to a feed grain company. A feed grain company that most probably has more than a single vehicle capable of acting as a tow vehicle. And as they deliver their feed grain to feed lots which seldom (if ever) have paved roads, getting a truck stuck in the mud is probably par for the course. And because of that, the company probably equips every delivery truck with a set of tow chains/straps to do their own towing.

Because of those factors I'd be amazed if a third party tow truck was needed. Any towing needed could no doubt be handled by the feed grain company.

Now - let's see who can come up with a reason why the National Guard should have been mobilized!

 

[Just-Thinking-51]

Straight truck not a tractor trailer.

If the driver self rescue the truck, then I could understand the lack of reporting. However the monument you get help, from a co-worker or your supervisor. The lack of reporting becomes a problem. After all it was landed between the a major road US 50, and the railroad tracks. One thinks your going to block the highway for any type of recover from that spot. A lot of people need for that.

 

[west point]

Since trucks are heavier and mostly require CDL licenses it is time for whenever you renew your CDL that there is a short test to take. Some of the questions should cover the requirement whenever any rail, utility road damage or incursions happens. etc. As well RR crossing safety.

 

[keelhauled]

Agricultural employees are often fairly widely exempted from carrying a CDL. Here in Vermont I can drive either of our ten wheelers up to I think 150 miles from the farm without a CDL and it's perfectly legal. We don't have any tractor-trailers, but some farms do and I assume they are exempt as well.

 

[VentureForth]

How do you freakin' knock a rail 1' out of whack without noticing?

 

[CCC1007]

How do you freakin' knock a rail 1' out of whack without noticing?

Maybe they assumed that if the track isn't broken it is good?

 

[VentureForth]

How fast were you going?

Probably slower. But it was essentially the same trainset. This one was traveling at 60 MPH.

 

[Just-Thinking-51]

How do you freakin' knock a rail 1' out of whack without noticing?

No operator in the cab that how. Truck hits track then rolls back, and the operator recovers the vehicle. Drives off hoping nobody reports him, so he does not lose his job.

 

[greatcats]

Just Thinking- I will have to admit that last scenario of yours makes sense.