Being an OTR driver, I have to say John Davis Trucking's accusation that Amtrack and Union Pacific failed to adequately warn drivers of oncoming trains is no excuse for the driver failing to stop in time to avoid crashing thru the signal gate, killing 6 people and injuring 20 others. Since the land in the area of the crash is flat with no visual obstructions,and both the highway and railroad are straight for miles, there is absolutely no excuse for the driver not seeing the train.
DOT regulations require a truck driver to operate his rig safely and legally. This requires, among many other things, making sure his equipment is functioning properly, looking far enough ahead to react, and driving no faster than he can safely respond to unexpected changes. There are also specific procedural requirements for railroad crossings. The company is also required, again by DOT regulations, to ensure all drivers are properly instructed in safe driving techniques.
If the driver crashed thru the gate, he failed to follow one or more safe driving protocols.
According to DOT regulations, the driver has primary responsibility for safely transporting his load and the final authority to determine how he accomplishes that goal. I have, on several occasions, told my dispatcher I was deviating from the recommended trip routing because I could not safely, and therefore legally, drive my 40 ton load thru sections of it.
In this tragic accident, both the driver and his company are without excuse.
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