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DevilMoon
passive stalker?

Registered: Jul 2000
Location: zanzibar
Posts: 10413

NYT Railroad Crossing story

Here are some snippets, a good article:

quote:
Union Pacific was found to have knowingly destroyed relevant evidence after a collision in Arkansas that left Frank Stevenson brain damaged and killed his wife. Mr. Stevenson has since lost his job, his house and, he said, his stepchildren, who blame him for their mother's death. "I have no family anymore," he said.

Mr. Stevenson's injuries left him without any memory of the accident. But when he filed a lawsuit, Union Pacific had purged much of its own institutional memory of the accident, court records show. Track inspection records that might have shown the crossing was hazardous were discarded by the railroad after Mr. Stevenson asked for them. Tapes of the train's crew talking to dispatchers before the accident were not preserved. The train's black box was not much help either: it malfunctioned and did not record the horn.

"Documents have been routinely destroyed despite defendant's knowledge that they are relevant to this lawsuit," Judge William R. Wilson of Federal District Court wrote in 2001, referring to Union Pacific. And, Judge Wilson added: "This does not square with the discovery rules nor with `traditional notions of fair play and justice.' "


quote:
Officer Jason Martin of the Brinkley Police Department arrived on the scene minutes after the crash. After helping Mr. Armstrong, whose pickup had been pushed down the track, Officer Martin noticed people wearing Union Pacific uniforms back at the crossing. Only later, Officer Martin said, did he realize that they had cut vegetation around the crossing before he had a chance to assess whether it might have blocked Mr. Armstrong's view of the train.

"I was upset that they did not let us know what they were doing," he said. To document their activity, Officer Martin said he has pictures of the fresh cuts.

"Why didn't they go out there to cut those bushes a week before?" he asked. "That doesn't look good."

The officer also expressed concern about a second Union Pacific train that had been parked on a parallel track near the crossing. Officer Martin said that before he could measure how close the parked train — which could have blocked Mr. Armstrong's view of the oncoming train — was to the crossing, railroad workers backed it farther away from the crossing.

To establish how far that second train moved, Officer Martin said he asked the railroad for data from the engine's event recorder. But five months later he said he has yet to receive it.

Yet another problem arose, Officer Martin said, when he noticed that someone had taken bulbs from the brake lights in Mr. Armstrong's truck after it was towed from the accident scene.

The officer said he did not know what happened to the bulbs. The railroad's accident reconstruction team, he said, denied taking them. But whoever took them, he said, probably knew their value in an investigation. "What the bulbs do is tell if the brakes had been applied or not," Officer Martin said. And that could indicate whether Mr. Armstrong saw the train before it struck him.

Officer Martin said he is certain about one thing: "I won't get them back."


quote:
Families of victims also criticize regulators for allowing railroads to keep custody of the recorders in all accidents except the few that are investigated by federal officials.

That differs from the airline industry. "United Airlines doesn't download and determine what was said or wasn't said," complained Robert A. Schuetze, a Colorado lawyer who represents crash victims. "But in the railroad industry, they control it."

And railroads are sometimes reluctant to share their data.

A Colorado State Trooper, Brian C. Lyons, testified last year that in an accident reconstruction course taught by Burlington Northern and Santa Fe Railway, he was instructed on the importance of getting the contents of train's black box. Yet, in his first grade-crossing accident investigation, which involved a Burlington Northern train, the officer said the railroad refused to give him a printout of the data for six to eight months.


Besides the problems with destruction of evidence when it comes to lawsuits (and also doing things like changing signal parts at a crossing hours before plantiff experts come to inspect it), the article deals with a lack of federal oversight for rail accidents, the lack of police powers to investigate rail accidents and the failure of railroads to report fatal accidents to government agencies.

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Old Post 07-11-2004 04:15 PM
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DevilMoon
passive stalker?

Registered: Jul 2000
Location: zanzibar
Posts: 10413

This is probably the best quote, because it is true: "Document retention policy is a euphemism for document destruction."

This one is comic though: The railroad even said in court papers that Mr. Lopez's negligence caused damage to its train and that the Lopez family should pay Union Pacific for "loss of use of its locomotives, rail cars and equipment."

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Old Post 07-11-2004 04:22 PM
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Large Filipino
Fuck me hard in my arse.

Registered: Feb 2004
Location: in colorado somewhere!
Posts: 25592

You run a buisness,your responsible for any liability. This is just sad.

__________________
EEEEEEEEEEEEE!!!!!

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Old Post 07-11-2004 05:52 PM
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Rokkr
cwaestor

Registered: Apr 2004
Location: Insatiation
Posts: 8980

A big business being dishonest and underhanded??
Never happens. This guy must have brain damage.

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Old Post 07-11-2004 06:53 PM
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