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Amtrak #6(29) Hit Empty Cattle Trailer in Nebraska

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Start making grade crossing accidents expensive for the insurance companies and commercial drivers and it will slow down some. I wander what charges will be bought against the trucker and the company he drove for. Amtrak should bill his insurance even if they are self insured.

 

That one Genesis is handling the 10 car consist pretty easy on flat land.

 

I worry how a Charger will fare in a similar accident.

Um, grade crossing accidents are already expensive for insurance companies. In most cases, the operator/company, assuming the operator were at fault, would be liable for all costs, incurred by Amtrak, including additional wages due to the delay and anything that Amtrak did for delayed passengers. Insurance would have to cover that, in addition to the damage to the trailer if they had that coverage. Amtrak's legal department will almost certainly demain payment and proceed legally against them if not paid.

 

The company's insurance rates will reflect their history of losses. If they are too bad, they'll get dropped.

 

If they are self insured, they don't have insurance. Who are they billing, then? That statement made absolutely zero sense. In any case the action is against the operator/company, with insurance indemnifying them and taking on the defense and payments on on their behalf.

Edited by zephyr17

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Start making grade crossing accidents expensive for the insurance companies and commercial drivers and it will slow down some. I wander what charges will be bought against the trucker and the company he drove for. Amtrak should bill his insurance even if they are self insured.

 

That one Genesis is handling the 10 car consist pretty easy on flat land.

 

I worry how a Charger will fare in a similar accident.

Um, grade crossing accidents are already expensive for insurance companies. In most cases, the operator/company, assuming the operator were at fault, would be liable for all costs, incurred by Amtrak, including additional wages due to the delay and anything that Amtrak did for delayed passengers. Insurance would have to cover that, in addition to the damage to the trailer if they had that coverage. Amtrak's legal department will almost certainly demain payment and proceed legally against them if not paid.

 

The company's insurance rates will reflect their history of losses. If they are too bad, they'll get dropped.

 

If they are self insured, they don't have insurance. Who are they billing, then? That statement made absolutely zero sense. In any case the action is against the operator/company, with insurance indemnifying them and taking on the defense and payments on on their behalf.

 

Amtrak is self insured.

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I was really talking about the insurance status of trucking company/operator who ran the grade crossing, which is who I assumed was self insured in your statement. Amtrak's self insured status is immaterial here, which is why I read it wrong and assumed it was the trucking company you were talking about. Amtrak will go after the operator/operator's insurance routinely in these cases where another party is liable for a loss, as any business would. The way Amtrak structures their own insurance/lack of insurance really doesn't matter here.

 

The big difference for Amtrak is the hold harmless agreements they have with the host railroads where each is responsible for their own respective losses regardless of which party has fault. Not the fact that they self-insure. Lots of big companies self insure and pursue third party liabilty claims whenever appropriate. The difference is if you self insure, you go after the third pary, if you have insurance, the insurance pays your losses and then they go after the third party.

 

That hold harmless doesn't apply to anyone except the host railroad. When it comes to trucking companies with trucks in grade crossings. Amtrak can go after them freely and will. The host RR will too, if it the accident caused damage to their infrastructure.

Edited by zephyr17

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I was really talking about the insurance status of trucking company/operator who ran the grade crossing, which is who I assumed was self insured in your statement. Amtrak's self insured status is immaterial here, which is why I read it wrong and assumed it was the trucking company you were talking about. Amtrak will go after the operator/operator's insurance routinely in these cases where another party is liable for a loss, as any business would. The way Amtrak structures their own insurance/lack of insurance really doesn't matter here.

 

The big difference for Amtrak is the hold harmless agreements they have with the host railroads where each is responsible for their own respective losses regardless of which party has fault. Not the fact that they self-insure. Lots of big companies self insure and pursue third party liabilty claims whenever appropriate. The difference is if you self insure, you go after the third pary, if you have insurance, the insurance pays your losses and then they go after the third party.

 

That hold harmless doesn't apply to anyone except the host railroad. When it comes to trucking companies with trucks in grade crossings. Amtrak can go after them freely and will. The host RR will too, if it the accident caused damage to their infrastructure.

Good info , thanks. I have read that Amtrak did not go after crossing gate violators. Good to be wrong.

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I have seen some major dollars paid out by trucking company insurance companies. Drivers regularly put their company in jeopardy, reason why trucking companies either have a considerable staff to handle this or contract it out. Railroad, Other trucks, cars, road and building damage, trucking companies, unless they are small always seem to have someone getting compensated.

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I was really talking about the insurance status of trucking company/operator who ran the grade crossing, which is who I assumed was self insured in your statement. Amtrak's self insured status is immaterial here, which is why I read it wrong and assumed it was the trucking company you were talking about. Amtrak will go after the operator/operator's insurance routinely in these cases where another party is liable for a loss, as any business would. The way Amtrak structures their own insurance/lack of insurance really doesn't matter here.

 

The big difference for Amtrak is the hold harmless agreements they have with the host railroads where each is responsible for their own respective losses regardless of which party has fault. Not the fact that they self-insure. Lots of big companies self insure and pursue third party liabilty claims whenever appropriate. The difference is if you self insure, you go after the third pary, if you have insurance, the insurance pays your losses and then they go after the third party.

 

That hold harmless doesn't apply to anyone except the host railroad. When it comes to trucking companies with trucks in grade crossings. Amtrak can go after them freely and will. The host RR will too, if it the accident caused damage to their infrastructure.

Good info , thanks. I have read that Amtrak did not go after crossing gate violators. Good to be wrong.
They might not go after individuals,bad PR optics, but a trucking company? Sure

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It appears that this accident occurred at a private crossing (guessing a ranch road). I base this assumption on the fact that the crossing does not even have crossbucks - just what appears to be a stop sign. A public crossing would have some degree of FRA standard protection, which at a minimum would include crossbucks.

 

Private crossing liability issues are governed by the conditions of the permit issued by BNSF (or predecessor) to the crossing owner. Typically that means that no matter the circumstances, the crossing owner is liable for all damages resulting from incidents at that crossing.

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Good info , thanks. I have read that Amtrak did not go after crossing gate violators. Good to be wrong.

 

 

 

For the record, there was a ling period of time when Amtrak didn't really pursue the matter with much vigilance...unless it was a major, MAJOR (read serious injuries or death) incident that made the press.

 

That changed during the Boardman years. His group took this issue and ran with it because the equipment would get wrecked and sidelined. Loss of equipment meant loss of revenue and increased wear and tear on other equipment. The CFO didn't take it lying down!

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AMTK 188, the engine damaged by the cattle trailer, is now heading east as the fourth unit on the H-LINGAL. (High-priority train from LINcoln to GALesburg). I filmed it as it came through Agency, Iowa.

 

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AMTK 188, the engine damaged by the cattle trailer, is now heading east as the fourth unit on the H-LINGAL. (High-priority train from LINcoln to GALesburg). I filmed it as it came through Agency, Iowa.

 

Great video. Are you calling it the H-LINGAL, or is that an actual abbreviation for that train (or way to abbreviate)? :huh:

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The H-LINGAL is its name. Specifically, in this case it's the H-LINGAL1-11A. I think 11 is the date the first crew was called for this train. I'm not sure what the rest is for.

 

Also, this train was filmed about five hours and seventy miles earlier in daylight by YouTube user BNSFFREAK747. He was also the one to give me the heads-up on this train.

 

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