(The following story by Jane Flasch appeared on Rochester television station WORK’s website on July 12.)
ROCHESTER, N.Y. — The CSX train collision that killed John and Jean O’Connor on Winton Road in Henrietta last February has attracted national attention from those who say it fits a pattern. Recently, the New York Times published its own investigation accusing the railroad industry of a pattern of faulty reporting hundreds of fatal accidents.
One person dies at a railroad crossing every day in the United States
Dave Nelson is a former CSX engineer and whistleblower who’s conducting on his own investigation on the safety of railroad crossings.
“The thought is always the driver’s fault at the crossings. It’s not. It’s the railroad’s,” he said.
After an accident where someone dies, railroad companies have two hours to file an initial report with the National Response Center (NRC). The Times audit of federal records from the last eight years found that railroads failed to report 780 fatal accidents in a timely fashion.
While CSX filed a report of the Winton Road accident in the alloted time, but a copy obtained by News Source 13 revealed glaring errors and omissions.
The report mentions the cross buck signs as the only safety device. It says nothing about the flashing lights and gates. It lists the accident as being in Wayne County–not Monroe–and there was no information about weather conditions or the speed the train was traveling.
Also, the report was filed with a number of agencies–including Homeland Security–but not with the FRA–the Federal Railroad Administration, which investigates fatal accidents.
Bob Comer investigates train accidents for insurance companies. He said has seen hundreds of these reports.
“There is a gross lack of accountability….No one is checking up to make sure these reports are correct…except me and a few others around the country who are sick and tired of this industry lying to the government,” he said.
The Monroe County Sheriff’s Office investigated the Henrietta crash, but they have limited power. For example, they lack the authority to seize the black box recorder in the engine or even drug test the crew.
Faulty NRC reports can delay the FRA which has the power from investigating while the evidence is fresh.
In February, CSX Regional Vice President John Casellini promised full disclosure.
“We want people to know we’re not hiding anything. Every document we’ve been asked to produce, we will,” he said.
The railroad did cooperate. The FRA ruled CSX at fault because the engineer on board ignored a stop and protect order before the intersection to flag traffic.
CSX said it spends $70 million on maintenance. Since this accident, it has upgraded a number of crossings in the Rochester area. CSX did not return calls for comment on the New York Times investigation.
The FRA says it will fine CSX but has not yet determined the amount. While the Monroe County District Attorney is considering criminal charges, getting an indictment in these kinds of cases is rare.
The O’Connor family has retained a lawyer and intends to file a lawsuit.