Aftermath December 2013 Spuyten Duyvil derailment

1 aftermath

1.1 investigation
1.2 cause
1.3 legal actions

aftermath

the derailment metro-north s first accident involving passenger fatalities in 30-year history, , first accident in new york involving fatalities since 1988 collision in mount vernon killed 1 crew member. 2 days later, federal railroad administration (fra) director joseph szabo sent mta head thomas prendergast letter highly critical of transit agency. earlier year, observed, there had been derailment on new haven line serving connecticut , westchester county suburbs along long island sound, freight derailment on hudson line on next curve south on line, on other side of spuyten duyvil station (involving csx freight train), , accident on new haven line killed track worker. these had led 5 deaths , 129 injuries. specific causes of each of these accidents may vary, szabo wrote, regardless of reasons, 4 serious accidents in less 7 months unacceptable.

szabo asked mta serious, faith commitment safe operation of system. said needed tell employees what, specifically, improve safety. requested answer in 2 days. immediate corrective action imperative. metro-north announced day afterwards institute telephone line employees confidentially report close calls. prendergast later replied szabo railroad had held mandatory safety discussions 4,000 employees @ 20 locations since accident.

the accident spurred further discussion of positive train control (ptc), might have prevented it. after 2008 wreck in los angeles, fra mandated american railroads implement ptc 2015. many have resisted, however, complaining cost of technology. among railroads have been both mta commuter railroads, metro-north , long island rail road, have sought have deadline extended until 2018. in wake of spuyten duyvil derailment, u.s. rep. sean patrick maloney, resident of cold spring neighbor james lovell 1 of killed, has introduced legislation make low-interest loans , guarantees available commuter railroads metro-north implement ptc. other congressmembers lower hudson valley joined cosponsors.

metro-north crews install speed-restriction sign on stretch of new haven line 2 weeks after spuyten duyvil accident

mta officials denied money problem, noting had budgeted $600 million of total $900 million estimated cost of ptc installation. instead pointed doubts technology s efficacy large commuter rail networks. on radio talk show following crash, new york governor andrew cuomo conceded ptc controversial ... [some people say] s not s cracked be. mta said untested , unproven commuter railroads [of our] size , complexity.

several days later new york times reported train had device known alerter. sounds alarm when train exceeds speed limits 25 seconds , shuts down after additional 15 seconds if no action taken engineer. might have been able prevent accident; in locomotive, @ rear of train, not cab rockefeller located.

while metro-north used prevent collisions, rail safety experts said configured force trains slow down @ curves such spuyten duyvil, since relied on signals sent through rails themselves. preferable traditional dead man s switch cab equipped with, requires constant action , attention engineer. mta said considering doing @ 30 sites on metro-north , lirr networks. on december 6, fra issued emergency order requiring metro-north have 2 qualified crew members in cab @ point speed limit drops more 20 miles per hour (32 km/h) until installs technology in cabs , @ sites. next day metro-north announced upgrading signals @ spuyten duyvil curve , several others in system; lower speed limit going curve less-than-20-mph drop , engineer not necessary. u.s. senators richard blumenthal of connecticut , charles schumer of new york called on metro-north install cameras monitor both track , engineers.

on december 12, fra went further. ordered operation deep dive, full safety review of metro-north, in every aspect of corporate culture evaluated panel of rail safety experts. first time agency had taken extreme step since 2006, following series of accidents involving csx freights.

in mid-march 2014, agency released report congress on results of deep dive. metro-north, said, had deficient safety culture. fra identified 3 overarching safety concerns:

an overemphasis on on-time performance;
an ineffective safety department , poor safety culture; and
an ineffective training program.

it directed metro-north submit plan addressing these issues within 60 days. encouraged fact many of railroad s employees had cooperated thoroughly investigators.

investigation

a team national transportation safety board (ntsb) dispatched scene of accident investigate. found train s brakes had been deployed seconds prior crash , tracks had no problems. train event recorders, determined train traveling @ 82 miles per hour (132 km/h); speed limit section of track involved 30 miles per hour (48 km/h). brakes had indeed been deployed, had reached maximum level 5 seconds after train entered curve.

a 2007 photo of junction of west side line (right) , hudson line, derailment took place

after being lifted had come rest , restored track, cars involved impounded ntsb , taken metro-north s yards @ croton-harmon , highbridge. rockefeller surrendered cell phone , submitted samples drug , alcohol tests. when reported attention had lapsed prior accident, investigators announced assembling timeline of 72 hours preceding accident see whether find explanation.

cause

early reports suggested rockefeller had claimed brakes failed, although experts pointed out that unlikely since brakes equipped fail safe device activates them should detect pressure drop. freight train had derailed on other side of same station 4 months earlier, leading speculation there problem track in area.

the ntsb determined there no problem tracks or signals. rockefeller s blood tests came negative both alcohol , drugs; cellphone out of use @ time of accident. but, admitted when investigators able interview him, had drifted daze until before accident when tried stop @ last minute.

two days after accident, anthony bottalico, head of association of commuter railroad employees (acre), metro-north union, said engineer william rockefeller had nodded off before accident. likened white-line fever experienced truckers. rockefeller had started working shift instead of in afternoons; on day of accident had apparently had adequate sleep , arrived @ work on time home in germantown, seen alert , vivacious. rockefeller s attorney confirmed remarks. shortly after bottalico s comments, ntsb barred acre further participation in investigation disclosing information. day later rockefeller suspended without pay.

in april, federal investigators revealed after accident, rockefeller had been diagnosed severe obstructive sleep apnea, complication of obesity suffered from, complication may have contributed moment of inattention. blood had been found have small amount of chlorpheniramine, anti-histamine commonly found in over-the-counter cold medications. possible sedative effects require medications contraindicated use while driving or operating heavy machinery , include warning effect on packaging. while had denied taking such medications investigators, lawyer said not justify criminal charge, step district attorney s office said still considering @ point.

the ntsb s final report, issued 11 months after accident, reiterated many of earlier conclusions positive train control have prevented accident automatically applying brakes in curve, , rockefeller s sleep disorder reason loss of attention. went on fault metro-north not routinely screening sleep disorders employees in positions defined federal regulations safety-sensitive, , fra not requiring railroads so. lastly, said failure of glazings, or windows on cars, contributed loss of life , severity of injury.

legal actions

within week of accident, attorneys several passengers had filed notices of claims, first step toward filing lawsuit, against metro-north. lawyers police officer riding train work said injuries prevent him returning duty , demanded $10 million. denise williams, dentist headed convention in city required surgery fractured spine after trapped under heavy passenger car several hours, gave notice through attorney, questioned among other things why railroad had not replaced hundred-year-old track near derailment site.

lawyers said might difficult them recover amounts metro-north , mta if cause of accident turned out rockefeller s lapse @ controls, since there far less liability on part. new york law further limits potential damages in cases these. victims lawyers said goal not money making sure railroad installed ptc.

in april, after release of fra report, new windsor man had been on train filed suit. eddie russell named mta, metro-north, city , rockefeller defendants, seeking $10 million in punitive damages. 1 has question whether culture @ metro-north led deaths of 4 people, should investigated criminal actions, said russell s lawyer, faulted mta not setting claims process in wake of accident, forcing seeking compensation litigate @ increased costs both , agencies.

the office of bronx district attorney robert johnson reviewed evidence gathered see whether criminal charges, serious negligent homicide, warranted against rockefeller. while criminal charges have been filed against operators of vehicles in other recent deadly transportation accidents in , around new york city, , convictions have resulted, defense lawyers said in case difficult find credible offense, since rockefeller exhibiting no clear sign of negligence such alcoholism or cell phone use, , operating vehicle while drowsy not crime. in 2012, prosecutors argued ophadell williams, driver of bus on 15 passengers died on way casino in connecticut, had knowingly endangered lives repeatedly driving without adequate sleep. jury still acquitted him of charges except operating vehicle without license.

in may 2015, year , half after accident, bronx d.a. s office announced not filing charges against rockefeller. there no criminality in act, therefore no criminal charges, said spokeswoman johnson, adding had made decision several months beforehand. rockefeller s lawyer, jeffrey chartier, said since client hadn t known of medical condition, not considered negligent. logical conclusion , similar ntsb had found.

chartier said rockefeller still suffering post-traumatic stress disorder result of accident. linda smith, passenger sister donna died in accident, accepted johnson s decision, saying spared stress of having relive accident @ trial, stress similar recent amtrak accident causing @ time. felt punishment enough rockefeller have live role in accident. in way, s in jail forever, because s got live this.

rockefeller, retired on full disability relating sleep apnea, sued mta $10 million failing install system alert engineers when speed limit exceeded. while metro-north denied rockefeller disability pension, allowed appeal, , on december 23, 2016, metro north announced rockefeller being awarded pension of $3,200-a-month. “the pension disability medical review board reviewed appeal , determined mr. rockefeller disabled performing function engineer , eligible receive pension,” mta said of decision. rockefeller s lawyer declined comment on pension award stated lawsuit continue.