Derailment in Swanton

[Jochs]

A train derailed in Swanton and is apparently blocking both mains, and, based on power outages, must have knocked down some of the high voltage lines that follow the tracks there.
Preliminary reports I've seen on Facebook indicated a drunk driver turned off the road at the crossing and got stuck on the tracks, and abandoned the vehicle.
I believe I took this in Swanton when I was in the area on 5/21/16. There are high voltage lines close to the NS Mains in this part of Ohio

In this video, you can see what appears to be an explosion. I've seen reports on Facebook that a derailed car hit a propane tank at a switch heater. A blue flash looks like a power flash.
https://www.13abc.com/content/news/Train-derailment-in-Swanton-510946891.html?fbclid=IwAR1P_7j1C-huIzFCpawe_fWLaVDz3Vfc5puEyAvTPvP7ufof6GLPQfrGk60

https://www.wtol.com/video/news/train-crash-in-swanton/512-46b83fcf-3f40-4a55-b17a-9084bd22c332?fbclid=IwAR2UgP0B9U2BBVopnJfyGLdEZjRyg2GSj05mluUxiSYLUtw6dvbVnNfOizM
As of 11:30 pm, there were no evacuations, according to the sources above, but I've seen on Facebook that some people were evacuated.
As of 11:51 pm, it is still a developing story.

[Jochs]

Videos on Facebook have appeared.
A drunk woman drove into a pole, then left, tried to turn onto the railroad tracks in Swanton, got stuck, and abandoned her vehicle. A train hit it, pushing it to the switch. The train derailed, the gas tank explode in the car (the yellow flash) and the derailed cars hit the power lines (blue flash.) The witness taking the video reported a propane leak.
In this video, you also see the drunk woman that caused this mess leaving the scene.
https://www.facebook.com/eric.layton.52 ... 414293624/

[Y@]

A friend who lives in town tells me the propane leak was under control quickly and she has power again as of 0345.

[NSSD70ACe]

The Cap and and LSL have both been listed as a service disruption on TransitDocs and a bus bridge has been established. Are we looking at the possibility of a reroute over the AML for the equipment?

[9xs]

Amtrak passengers are being transported between staions... via school bus

https://twitter.com/jjhrdl111/status/11 ... 1319043073

[bdconrail29]

Is the line still closed?

[9xs]

Is the line still closed?

Amtrak has delayed the departure time for 30 and 48 and trains are leaving Chicago for a anticipated reopening of a track

[JoJames]

Is the line still closed?

Midnight is earliest to have a track opened.

[northstar16]

Very impressive video hate to be that lady. Man plenty of damage. Was it a csx train?

[bdconrail29]

According to Toledo East last night around 11 they had told him there wouldn’t be a track open until 4 or 5 am.

[bdconrail29]

Very impressive video hate to be that lady. Man plenty of damage. Was it a csx train?

NS

[northstar16]

Wow how many cars went off the tracks. Major cleanup!

[redcrumbox]

Wow how many cars went off the tracks. Major cleanup!

2 locos and 14 intermodal cars.

[northstar16]

It was just posted here locally on Facebook. Hate to be that lady she will be paying out her butt for years. Most likely going to jail as well.

[Jochs]

An update on the story....
https://www.toledoblade.com/local/courts/2019/07/16/delta-woman-indicted-charges-stemming-from-swanton-train-wreck-derailment-car-tracks/stories/20190716162?fbclid=IwAR0T__ztVLEW68iZtoA0VEnI9Vlj2TS90V7LC82kyivTdB0BPWuHL1n9-xY
Logan P. Guess of Delta faces multiple charges stemming from the derailment.

[chapmaja]

It was just posted here locally on Facebook. Hate to be that lady she will be paying out her butt for years. Most likely going to jail as well.

So it sounds as if she has been charged with a 4th degree felony and a misdemeanor for her actions. Without knowing her previous criminal background, I would say it is only about 50/50 that she actually spends any significant time in jail. One thing that could change that is the fact that a warrant was issued for her arrest. That generally means one of two things. She wasn't around when the charges were authorized and as such a warrant was issued, but she can turn herself in to face the charges. In this case she will likely be booked, given a bail hearing and released with conditions (likely to include alcohol monitoring), but won't spend any time in jail. If however the arrest warrant was because she was unable to be found she likely will spend some time in jail once she is arrested simply because she has shown herself to be a flight risk.

As for having to pay out for this. It will be interesting to see how much NS goes after her for, and if NS's insurance carriers, if they have any, go after her as well. Companies that large often don't carry insurance because the premiums would be so high. Either way I think she will be paying a lot of money back over her future years. Also at question will be how much the court orders in restitution to NS vs how much they would get filing a civil claim against her.

[JoJames]

Unless they can prove criminal intent with her parking the vehicle on the tracks the NS will have to swallow all the cost of the derailment but the NS could charge her with train delay fee.

[trainjunkie47]

Unless they can prove criminal intent with her parking the vehicle on the tracks the NS will have to swallow all the cost of the derailment but the NS could charge her with train delay fee.

Criminal intent is not a requirement in civil action. She can be sued. I'm quite certain NS is looking into her ability to pay. If she makes what I make, it might not be worth their time to try to sue her?

[chapmaja]

Unless they can prove criminal intent with her parking the vehicle on the tracks the NS will have to swallow all the cost of the derailment but the NS could charge her with train delay fee.

Criminal intent is not a requirement in civil action. She can be sued. I'm quite certain NS is looking into her ability to pay. If she makes what I make, it might not be worth their time to try to sue her?

Agreed,

I would also expect NS to go after her in a civil case, not matter her ability to pay. Just because they go after her civilly does not mean they automatically will attempt to collect the debt. Several things could happen after they get a judgment or reach a settlement (more likely).
1) NS could agree to a deal with her to pay a small amount based on her earnings each month. No they never will collect the full amount of damages, but
2) If she somehow gets a large sum of money, NS has maintained collection action on her, meaning they go go after that sum of money through garnishment proceedings.

If NS simply let it slide, there is a short window of time before the statute of limitations runs out. If they do file an action and maintain collection action on the judgement/agreement, she can still be liable to pay for the damages for decades.