Well, I guess I can tell the story, since all the litigation is over and settled.
There are (or at least were at that time) two crossings in this town, where the train is required to stop, flag all vehicular and pedestrian traffic before shoving across. ( note that I said shoving, which means backing up to those not familiar with R/R terms). A bobtail truck crossed the intersection, made an immediate right turn, backed up and proceeded back across the tracks in a very low gear. A couple of factors kept the driver from seeing the train. One, it wasn't there when it crossed the track the first time. Two, the passenger mirror (yeah, they are huge) blocked the oncoming train as he backed up and proceeded forward, three the train either didn't blow the shoving platform horn (man on the rear said it worked one time then quit) but was damaged too badly in the accident to prove otherwise. There were no lights or signals at this intersection, only a cross buck. The driver was issued a citation, but located a rule book for the railroad in question and it named the crossing where the accident happened, and mandated that when shoving, the intersection had to be flagged for all vehicular and pedestrian traffic. Now, since dismounting from a moving train is also against the rules, the employee on the rear of the train should have stopped the train, flagged the crossing, shoved the train across, stopped the train again and walked 17 cars to get back on the rear of the train. Since the train hit the truck at 16mph in a 15 mph speed zone, I am pretty sure the man on the rear didn't do his job, but it cost the truck driver his, because with a CDL the first offense of a grade crossing citation (not a wreck, but at ticket for any infraction) is punishable by a 60 day suspension of his license. After that,it is all downhill because a suspension keeps you out of a truck for 3-5 years and then no recent experience keeps you out again, so it is back to truck driving school, which the driver in question was certified to teach in his home state. It took 14 trips to court to get the issue settled, and the ticket dropped, plus a bucket-load of cash for attorneys.
The conductor was working on his third strike, which could have gotten him fired, if he ever went back to work, but he fell down and cried "i am hurt" so it forever on workman's comp. If he EVER gets released, and goes back to work, he will be terminated for not telling the engineer to stop the train prior to reaching the intersection. The driver actually did stop (ie a three point turn in a standard shift truck so that wasn't ever a problem as far as legalities)
The driver was just glad to be able to go back to work after sitting at home for six and a half months with no income.
Make sense now?
David from jax
Anyways, this guy was headed home in the wee small hours and broadsided a moving train. He was driving a smaller Dodge convertible, not a full sized car, and hit a tank car at the only spot that it was possible to miss all the major components like the wheels, couplers and assorted piping and valves underneath. His car made it through, badly damaged, and he was beat up pretty good since everything above the dash had been knocked down. He was knocked backwards and the seat broke which was what saved him from being squished. Still and all, he made it through to the other side, of that there was no doubt!
