Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

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David Collins
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Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

Unread post by David Collins »

https://www.trains.com/trn/news-reviews ... -to-begin/

My opinion: So, I think this engineer should be let off the hook for the worst crime, which would be manslaughter…? But still get charged with something. This wreck wasn’t completely his fault, given the fact that neither PTC nor ACSES (Advanced Civil Speed Enforcement System) activated and put the train into an emergency brake application after he became spatially disoriented and didn’t know there was a speed restriction ahead that he was WELL above. However, he should get some blame for the fact he got too wrapped around the axle with what happened a few miles ahead of him. Which if I remember correctly was a commuter train (SEPTA?) was hit by a rock thrown from a trespasser shattering the engineers’ window on that train. Once again, this is MY opinion, and I probably left some stuff out, but what do you guys think?
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Re: Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

Unread post by PatAzo »

What would you charge him with?

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Re: Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

Unread post by David Collins »

PatAzo wrote:
Tue Mar 01, 2022 2:25 pm
What would you charge him with?
I’m no lawyer, so if I sound wrong, don’t harass me, but negligent manslaughter by locomotive, because he got too wrapped up with the issue at hand (the rock that hit the SEPTA train) but should get the minimum punishment since the main players at fault is PTC/ACSES/Amtrak, note how I said Amtrak is a main player, because they had not installed PTC on that part of the route.
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Re: Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

Unread post by DaveO »

So much for the Captain goes down with the ship policy.

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Re: Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

Unread post by Saturnalia »

David Collins wrote:
Tue Mar 01, 2022 2:35 pm
...since the main players at fault is PTC/ACSES/Amtrak, note how I said Amtrak is a main player, because they had not installed PTC on that part of the route.
Ahh yes, because only new technology can save us all. Plenty of train crews have operated for generations safely without the PTC systems. Not sure how the advent of a new technology not yet required to be implemented somehow reduces the engineer's responsibility for operating his train safely and in accordance with the rules and regulations.
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Re: Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

Unread post by PatAzo »

In Pennsylvania involuntary manslaughter requires a person to act in a reckless or grossly negligent manor. Note grossly negligent. You can make a mistake and cause an accident and not be guilty of a criminal charge. From what news outlets report the prosecution's case is his only job was to control the speed of the train and being distracted by the radio is gross negligence. The prosecution tried to allude to a missing tablet being a factor but presented no evidence. So far the defense has not been allowed to raise the question about PTC.

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Re: Railroad Deja Vú: Amtrak 188’s engineer 2nd trial

Unread post by PatAzo »

Not guilty.

The judges instructions to the jury were he was guilty only if he intentionally accelerated knowing the risk.

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