If a train hits and kills someone..?

Question

Say that a car gets stuck on a railroad track, in between the safety bars, and enclosed between other cars, and an oncoming train is blaring it's horn, but can't stop on time. The train collides with the car, killing everyone inside.

Can the train conducter be tried in a court of law and lose a case, assuming he wasn't under the influence of drugs or alcohol.

Answer 1

when will the media get it straight CONDUCTORS DO

NOT DRIVE THE TRAINS the ENINGER DOES

not the conductor!

and every car vs train accident is the car drivers fault

cause trains cant swerve out of a way the way if there is a car

on the tracks

Answer 2

Bob has it right, the person at the controls can, not the conductor.

Some of the answers above have it wrong or partially wrong, engineers that were completely in the right have been sued.

As lawyers love to say,

anyone can be sued anytime for anything

even if the train crew is 100% not at fault, a crafty lawyer can frequently convince a jury otherwise.

Bellieve it or not, true story I know of a case where a guy driving with NO BRAKES on his vehicle drove into the side of a passing train and was of course killed instantly.

His widow sued the railroad and won!! Somehow the railroad was proven guilty for that idiot not having brakes on his vehicle.

Answer 3

1. You don't drive onto a railway line if you cannot get straight across.

2. If your car stalls on a railway crossing, get the h**l out quick.

3. How the h**l could the train conductor be blamed for the alleged incident you describe?

Answer 4

Well DUDE! First the engineer drives the train, not the conductor. Since is you ask ( assuming he wasn't under the influence of drugs , and alcohol ) This is the first thing railroads do to check for when something happens like that. Also they take hair samples to check for this. I honestly don't think a engineer is crazy enough to loss 135k a year over substance abuse. Freaky things happen, and the courts of law, and the evidence will always show the truth as to who was at fault. The enginner blew his horn, could not stop, and plowed into the car sitting there. I am sure if this was true, the engineer either took a early retirement, because he personally could not deal with it or has tryed to shake it off knowing that he did everything by the book, and  God was in control.

Answer 5

If the driver did all he/she could to avoid the collision (sound the horn, apply the brake) but still hit the car, he/she would be safe.

It's a sad fact of life on the railway that people are hit and killed by trains as a result of their ignorance, stupidity and deliberate action. As a driver, there's only so much that you can do to avoid these but trains don't stop like cars and you can't swerve around the obstacle. All you can do is sound the horn in the hope they'll move out the way and drop the brake to buy some extra time for them to do so.

I've been in this situation myself (a suicide jumped in front of me). There was never any hint that I might have been treated as culpable. However, if I'd taken no action at all things might have been different.

**EDIT**

Elwood Blue: You're a little bit off-beam with your answer.

You are correct that the traincrew would be medscreened for alcohol and drugs and their actions scrutinised if there is any chance that their actions resulted in the accident. However, this only really happens in the event of a train colliding with the stops or another stationary train, or some other similar incident. Likewise, the Railway Accident Investigation Branch (RAIB) will attend to investigate before making a report including recommendations. The RAIB will also get involved in the event of a rail-related death where the infrastructure or operating conditions may have had a contributory factor, as they did at Elsenham.

However, in the circumstances described by the asker, the driver would NOT be medscreened if such an incident were to happen here in the UK. I've had a fatality and was not tested for intoxicants either at the scene or afterwards. The driver is treated by the Police as a witness to a violent death and treated accordingly.

Then again, the civil Police are not as clued up as the British Transport Police (BTP), so you just hope that the BTP are not so too far behind if the civils get to you first. I have heard tell of a train driver being threatened with arrest for refusing to provide a specimen of breath to the civils because they were insisting on treating the fatality as a road traffic accident.

Answer 6

no. that is an error. it is not murder. it will be on the engineer's consciencous. they do try to stop and avoid issues similar to your statenment.

the engineer has a radio and communicates with the dispatcher on these issues. they are taped. so it is out of realm and not a murder.

Answer 7

No, if the conductor and engineer were sober, and sounded the whistle and bell according to FRA rules, and train was traveling at or below the posted speed limit for that section of track, then the train crew is not at fault.  I know of a case where a man in a car stopped at the crossing gates, looked both directions, and then thought that he could beat the train.  He proceeded to drive around the the gates, and got plowed by an oncoming train.  He then proceeded in trying to sue the railroad, but the train had an onboard camera, and the little black box.  The camera clearly showed him stop and look, and then drive around the gates, and the camera also showed that the gates and crossing lights were working correctly, and the little black box proved that the crew had done everything according to the rules.  The plaintiff's attorney, once he saw all of the evidence, basically told the man to give up, he had no chance of winning.  So a crew could be tried, but if they did what they were supposed to do, they would not be found guilty.

Answer 8

If a train conducter can see something before he hits the brakes, then he's going to hit it if it doesn't move. An 8-car passenger train moving at 80 miles an hour needs about a mile to stop, even if emercency brakes are used. So basically if you see train coming, either get the **** out of way or be prepared to get SMASHED, it ain't gonna stop.

Answer 9

Scott-

If you are on the tracks or around them you are trespassing, plain and simple.  

In the situation you described the engineer will not be held responsible.  But that is merely the legal side of the issue.  What about the moral side of the issue.  

Let me tell you about a situation that happened here in my area.

Two years ago there was a babysitter that decided to take a shortcut and cross the railroad tracks to get to a shopping center that was on the other side.  The apartment that she was at, was on the opposite side of the rails.

In this area, we have a very active commuter section that is shared with main-line freight and Amtrak.

On this day, Amtrak Coast Starlight #11 was running about 45 minutes late out of the San Jose Diridon Station, headed southbound to Los Angeles.  On this particular section of track the speed limit is 60 MPH.  

The Babysitter was on the way back from the shopping center that was across the tracks, and she was in charge of two children.  She illegally crossed the tracks with the stroller containing an infant.  She was also charged with the safety of a 2 year old child.  She instructed, (so she thought), the 2 year old to stay in that spot until she returned to collect him.

So she took the stroller accross the tracks and left it as she turned to go and collect the other child, she noticed the Coast Starlight was already there, and the child was crossing the tracks, and was killed by the train.

Now who is at fault with this one?

The engineer?

No, the Babysitter was not crossing using a street.  This was a gap in the fence where there was no ccrossing protection.  

Did the engineer sound the horn?

Yes, but what is a 2 year old child going to understand from the horn, other than to stand there and cry.

Who was a fault?

The Babysitter, because she should have waited for the train to go by, she should have used the overwalk which is no further than 250 Yards from where the accident occured, she should have had control of BOTH children, and she was trespassing on railroad property that is posted along the entire route, "No Trespassing.  Active Railroad, all Trespassers will be prosecuted. Do Not Enter."

Currently she is serving an all expenses paid vacation, courtesy of, The State of California, Department of Corrections.  

But that just ends the legal side of the issue in this case.  What about the fact that the engineer is going to have to live withthe fact he killed a child.  What about the actual parents of the child that was killed, and what about the Babysitter.  

Stupid for what she did?  

Yeah, I'd agree, but it was her lazyness, of not going and using the overwalk that killed the child.

As Rapid Robert, put it, and quite nicely I might add, there are far reaching consequenses.  Even if everything was done by the book, you as an engineer are going to replay that situation over and over.  

Basically, if you get yourself stuck between the gates, its your fault.  Mainly because you ignored the Limit Lines painted on the road, and ignored the section, that is marked, "Keep Clear".

Most of our grade crossings here in Santa Clara County, have been marked as I described, and that Limit Line in many cases, is nearly 15 to 20 yards from the crossing gates.

Stop, Look and Listen.  Don't just trust the crossing guards, turn down your stereo, look and listen.  It could just save your live.

Answer 10

In the UK every train accident has to be investigated by a government enquiry.

If no-one on the train crew was under the influence of drugs or alchohol, and there was no evidence of negligence or malpractice on the part of anyone involved, the most likely outcome would be that the railway operator concerned would be issued with a series of recommendations to ensure such an accident did not happen again.

There is always the possibility of relatives of those killed in the accident attempting to bring a court action against the railway operator, but if the outcome of the enquiry were as above, it would be unlikely that a court case would stick. In such a situation the railway operator would most likely agree to settle out of court.

Edit:

I'm thinking, 'car', as in railroad car, and a moving train colliding with it.

For 'car' as in a road vehicle: Yes, the crew of the train concerned would be tested for drugs & alcohol. If negative then they would not be prosecuted. It is the responsibility of a car driver to ensure that they obey traffic signals, including those guarding the approach to a level crossing. Attempt to cross when the barriers are being lowered, and you are at fault if hit by a train.

If negotiating a level crossing and your car fails on the crossing, get out, get all passengers out, and phone the signalbox - phone is at the crossing.

Answer 11

At railroad crossing there are warning lights, signs, and gates. A train approaching has the right of way, like a green signal. If the train hits someone its their fault.

Answer 12

if he was sober but otherwise somehow negligent (he was texting his mistress when he should have been looking ahead or something) he most certainly could be sued, but if he was operating the train in accordance with policy / laws then he should be safe even in litigious america

Answer 13

they can't stop like cars sometime's can.but as well sometimes can..not a train there is allot of weight behind it...takes time to get the speed dpwn.that is why the arm goes down where does in a crossing. way before it is there..you can get out in plenty of time if your not playing chicken with a train...a car is nothing to save lifes are..but no they do not get allot of trouble ...like a car crossing when it should have been long away from it before it enter the area you could see it close..

they derail easier,and can cause large area of damage.and deaths if they do...that's is why the arm is there for your&their safety

Answer 14

no

Answer 15

If the engineer is blowing the whistle like he should be why should he be tried in court?There is nothing he can do.The blame falls on the people in the car for not getting out of the car immediately.I hit a car once(the guy had the sense to get out and run) and when the police arrived they picked him up and bought him to the head end.The first words out of his mouth were...Why didn't you stop?You saw me on the tracks!

Folks it can take a train moving at 70mph a mile and a half to stop.Once we see you it's too late for us to do anything.If you ever have the misfortune to get stuck on the tracks GET OUT AND RUN.

Answer 16

the train conducter could not do anything about what happened. and train cannot stop fast its the guy who was drivings fault.

Answer 17

i would assume it would be traced back to either the train track and the rail workers if it was recently repaired or to the car manufactuer to see if it was something that was irregular. The train driver has nothing to do with, only the fact that he was the one who had cause the accident. Train to car collisions are often unavoidable if left in the right situation. There is really nothing a train conductor can do if  he knows hes or she is gonna collide.

Answer 18

did you kill someone with a train?

Answer 19

The conductor, no.  The engineer running the train, most definitely YES, at least in the State of California, but not under the circumstances you describe in your question.

If a vehicle is struck (not stuck) at a grade crossing and it can be proved that the engineer was not blowing the whistle (except in 'quiet zones'), or the bell wasn't ringing or the headlight(s) were not displayed, all required by State and/or Federal Law and it results in a fatality, that engineer can be charged with manslaughter under the applicable statute(s) of the California State Penal Code.

This doesn't speak of civil action that will surely follow.

In some instances these train/vehicle collisions have shown up on an engineer's vehicle driving record, with far reaching results, none the least of which are insurance issues.

I say over and over, when someone foolishly or deliberately invites disaster upon the tracks, their actions can effect others or thousands of others if their actions result in a derailment.

So, my tardy friends.  Is that 3 minutes you may make up by going around lowered crossing gates on your way to work really worth it?

Good safety questions rate a star.  Here's yours.  Thanks for asking and please help spread the word.  You may save the life of someone you love...

Addendum:  I forgot, while on the subject of personal liability for locomotive engineers, certain actions (or inactions) on the part of engineers under ceratin circumstances can result in personal fines being imposed by our certifying agency, the Federal Railroad Administration, in an amount up to $20,000.

So, love 'em or hate 'em, trains and/or train operations is a deadly serious business.  Lose respect for the beast and you're going to get bit.