Lawsuits filed in car-train collision

prostock19

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http://www.thestate.com/mld/thestate/news/local/13048451.htm

Lawsuits filed in car-train collision
Plaintiffs say driver’s view was blocked at Cayce crossing
By RICK BRUNDRETT
Staff Writer

A car-train crash that killed two and seriously injured a third in Cayce in 2003 could have been prevented if CSX railroad had not blocked the view at its crossing, lawsuits contend.

The five lawsuits contradict earlier statements by authorities that the driver of the Pontiac Grand Am apparently had been trying to beat the train.

“My son didn’t do anything wrong,” said Jacqueline High of Cayce, mother of the 19-year-old driver, John Brazzell Jr. “They (CSX railroad) need to be responsible for what happened.”

Meg Scheu, a spokeswoman for the Jacksonville, Fla.-based CSX Transportation Inc., declined to comment.

Brazzell and his 24-year-old passenger, Roderick Couch, died Jan. 19, 2003, when their car was struck by an Amtrak passenger train about 1 a.m. at the crossing in the 2200 block of State Street, authorities said. Cornelius Brown, 16, another passenger in the car, was seriously injured.

Lexington County Deputy Coroner Todd Caughman said at the time that the car apparently tried to beat the train. Witnesses reported crossing warning lights were flashing and the guard bars had been lowered, he said.

The lawsuits contend Brazzell couldn’t see the Amtrak train heading into Columbia because of a stopped CSX train on an adjacent track. The crossing is in a train switching yard.

Hampton lawyer Johnny Parker, who represents the plaintiffs, said the stopped train likely triggered the warning lights and gates, lulling Brazzell into falsely believing no other trains were approaching. The lawsuits contend CSX employees were negligent in operating the switching yard.

Cayce City Manager John Sharpe said Friday he was unaware of similar recent complaints at the State Street crossing. But he said he doubted any motorist could speed through the intersection, noting multiple tracks must be crossed.

Sharpe said the city has proposed CSX close the State Street crossing, citing traffic congestion because of slow-moving trains in the switching yard. But the railroad hasn’t acted on the request, part of a larger proposal that includes closing another crossing and reopening a third, he said.

The lawsuits, filed Oct. 21 in Richland County Circuit Court, seek unspecified actual and punitive damages against CSX and switching yard employees Aaron Michaels and R.D. Gibbons. Parker said Richland County court was chosen as the lawsuits’ venue because it is “much closer to the crash” site — located in Lexington County — than the circuit court in Lexington County.

Separate lawsuits for wrongful death and pain and suffering, including medical expenses, were filed on behalf of Brazzell and Couch by their families. Brown’s guardian filed a fifth suit.

Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com.
 
This just pisses me off. I can't believe the mother said that her son did nothing wrong. How about break the law? Gates are down, lights are flashing!!! That means train is coming!!! People ALWAYS blame the railroad. I'm sorry for their lost, but I hope they get nothing out of it because it is Bullshit Lawsuit.
 
they should have to slow down when the railroad there, look from right to left to make sure. the light of railroad, not always works. that's stupid.
 
SherryCherish said:
they should have to slow down when the railroad there, look from right to left to make sure. the light of railroad, not always works. that's stupid.
The lights WERE working and the gates WERE down. They chose to drove around it because they saw a train not moving on one of the tracks (2+ tracks at this crossing). Well, there was a train coming on another track.

I experience alot of people cutting in front of me at one particular crossing in West Springfield, Ma. next to the Deaf Church there. This crossing (actually 2 next to each other) is at the end of the yard so the trains entering the yard are going slow, but that is not always the case. Trains do up to 40mph through there and I know someone is going to get killed one day there. Talk is that they are closing one of the crossing and putting 4 quadrand gates up (4 gates to totally block off the crossing).
 

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yea and the teenageers do someething like dare for fun... those kids think they can beat something like that but they chose stupid decisions.

it happened to my friend and he lost his arm from train as he thought he could beat the train by crossing the RR, but... he was very lucky to be alive because he rode his motorcycle... image that no body guard around him !
 
Im BEHIND ya! I have seen enough people who is really true an IDIOTS that thinks they can beat the trains! I have always believe that it is beyond impossible to beat the trains! Trains don't have any mercy once mistake has been made! I have seen trains barged though tankers, 18 wheelers with plenty of I beams in bed etc... Who wins? Trains, EVERY TIME! I have seen video of train push the car, and the car kept rolling, smashing and rolling as if it was toilet paper for about half mile! UNREAL! Almost no damage to train itself, wow! I have total respect for trains no matter what.
I also seen the actual place of where the two freight trains collided head to head, the mess is SO UNBELIEVEABLE! about a mile long mess, maybe two. That is when I was riding on Amtrak and looked out the windows... I dropped my jaw when I saw them. I think it is in New Mexico or Arizona back in fall of 2000.

BTW, my 4 yrs old son is crazy about trains! Always let us know when train is approaching. grin.

prostock19 said:
This just pisses me off. I can't believe the mother said that her son did nothing wrong. How about break the law? Gates are down, lights are flashing!!! That means train is coming!!! People ALWAYS blame the railroad. I'm sorry for their lost, but I hope they get nothing out of it because it is Bullshit Lawsuit.
 
Even with bodyguard, it is IMPOSSIBLE to beat 120 ton train engine alone! Or worse with 400 cars connected behind.

Here is the simple law that has been around for years, but people don't really think of this law. Any vehicle that is lighter and smaller in mass weight MUST stop for anything that is bigger and heavier than them. For example, Human is the lightest and smallest, so therefore must stop for anything that got wheels on them. So, for cars, they should stop for any 18 wheelers vehicle because it takes 18 wheelers longer to stop. But, 18 wheelers MUST stop for trains, and FINALLY What makes Trains MUST stop for? Its freight ship. I have seen on video how destructive freight ship is. More destructive than the train! It was in New Orlean, one tanker ship tried to avoid accident, got in full reverse but STILL barged though the boardwalk and destroys building that is in the path, with the speed of only 5 MPH and last about half a mile long! WOW! unreal!

deafclimber said:
yea and the teenageers do someething like dare for fun... those kids think they can beat something like that but they chose stupid decisions.

it happened to my friend and he lost his arm from train as he thought he could beat the train by crossing the RR, but... he was very lucky to be alive because he rode his motorcycle... image that no body guard around him !
 
One locomotive doing 5MPH can do the same damage as a loaded dumptruck doing 60MPH. Just down the road from my house, a dumptruck got hit and witnesses say the train threw it in the air like it was a toy.
 
Why am I not surprised?

prostock19 said:
One locomotive doing 5MPH can do the same damage as a loaded dumptruck doing 60MPH. Just down the road from my house, a dumptruck got hit and witnesses say the train threw it in the air like it was a toy.
 
Damn, this sucks! I hate when people do that. They can't accept the responsibility for themselves, so they find something else to blame!

"Oh, I didn't see the train coming!"

Duh! The gate came down. The lights were flashing. It was night time, so how can you miss the flashing lights!? Jeez!
 
Yea, BTW have you heard of car and train accident on South Winton Road? It was fatal one, it was the person who was suppose to stop and signal the crossing but too lazy to do so. The crossing gate was malfuction due to excessive salt deposit on sensors.

Im not sure the outcome, BUT CSX finally moved their ass and got all of the crossing repaired.

In the case like this one, I felt that CSX is really repsonsible for this fatal accident.

VamPyroX said:
Damn, this sucks! I hate when people do that. They can't accept the responsibility for themselves, so they find something else to blame!

"Oh, I didn't see the train coming!"

Duh! The gate came down. The lights were flashing. It was night time, so how can you miss the flashing lights!? Jeez!
 
diehardbiker65 said:
Yea, BTW have you heard of car and train accident on South Winton Road? It was fatal one, it was the person who was suppose to stop and signal the crossing but too lazy to do so. The crossing gate was malfuction due to excessive salt deposit on sensors.

Im not sure the outcome, BUT CSX finally moved their ass and got all of the crossing repaired.

In the case like this one, I felt that CSX is really repsonsible for this fatal accident.
That accident comes up so often in talks. That was the crew's fault for not stopping and protecting the crossing. They had orders to do it. They may be facing jail time!!! Stop and Protect orders are to be taken VERY seriously.
 
I recognize the accident happened in South Carolina. Amtracks here are very fast.

My state (SC) is very bad for train accidents. Most of the accidents result because drivers try to "beat" the train at the crossings, or because pedestrians lie down on the tracks. I know it is weird but SC has many train vs. pedestrian fatalities because people sleep on the tracks! How stupid!

Also, many people try to pull up as close as possible to the crossing gates while a train goes by. That is dangerous. Vehicles must stay behind the line. People don't realize how wide trains are, the suction they cause, and how far they can land in a derailment.

A few years ago, locally here, a car was stuck on the tracks, with a mom and kids inside. A teenage boy saw them, and ran to the rescue. A pulled the mom and kids out to safety. The boy went back one more time because he thought there was still one child in the car. He saw there was not, so he began to run to safety. Just then, the train hit the car, and threw the car into the air. The car landed on the boy many yards away from the tracks, and killed him. It was very sad. :( Many of the students at our high school knew the boy.

Another common dangerous situation here is people getting stuck on the tracks. For some reason, they don't drive straight over the track crossings, and then get wedged into the tracks.
 
Even in driving classes, they give you a LOT of warnings about train tracks and how dangerous it can be.

I never, never, never stop on or too close to the track because I'm perfectly aware of the dangers. Back in high school, there were 3 teenage boys in a car who got killed by a train going at like 15 kilometres per hour. Sure, it was sad that they got killed but they were stupid for racing and trying to beat the train to begin with.

Trains and the railroads has to be one of the most underestimated when it come to being aware of the dangers.
 
Yea, but I haven't heard of whatever happened about these idiots who flunked the stop and protect order.

prostock19 said:
That accident comes up so often in talks. That was the crew's fault for not stopping and protecting the crossing. They had orders to do it. They may be facing jail time!!! Stop and Protect orders are to be taken VERY seriously.
 
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