Wednesday, December 4, 2013

Train Engineer Was Dazed Before Crash, Lawyer Says -

If you represented the family of a victim, who would you sue?
Train Engineer Was Dazed Before Crash, Lawyer Says -
Even if investigators conclude that Mr. Rockefeller erred in operating the train, any potential prosecution could be complicated. One possible precedent came last year, when Ophadell Williams — a bus driver accused of being so tired that he crashed a bus in the Bronx, killing 15 people — was found not guilty of manslaughter and other charges.
Patrick L. Bruno, the lawyer for Mr. Williams in his criminal case, said that if Mr. Rockefeller was found to have been distracted or impaired in any way, the cases appeared at least somewhat analogous.
“I would maintain you’re talking about a civil issue, a lawsuit issue,” he said, “not about prosecuting a man.”
Rail safety experts have suggested that a system known as positive train control might have prevented the derailment. One of its features is to slow trains as they go around bends.
A federal law requires the authority to install positive train control by 2015
With all the rail cars removed, track repairs were quickly made. Gov. Andrew M. Cuomo said on Tuesday that the Hudson line was expected to resume 98 percent of its regular service by the Wednesday morning rush.

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