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Atty: Railroad violated policy before crash

by Abbey Gibb and KGW.com Staff

Bio | Email | Follow: @KGWAbbeyGibb

kgw.com

Posted on March 25, 2011 at 4:00 PM

Updated Saturday, Mar 26 at 3:43 PM

LONGVIEW, Wash. -- Burlington Northern Santa Fe Railway Company violated its own safety policy prior to a collision between a train and a shuttle van in which three people were killed and a fourth was critically injured, a victim’s attorney said Friday.

DETAILS: Crash kills 3

The collision occurred on private BNSF property, where the company sets its own safety regulations. BNSF has a private policy of parking all trains at 250 feet from a crossing, according to attorney Mark Mostul.

Mostul said video at the scene shows a second train parked on the tracks, within 50 feet of that crossing. When asked Friday about that policy, BNSF said it was "under review."

Kelso police said an early examination of the scene suggested the train could have blocked some or all of the shuttle driver's view as he approached the railroad crossing.

"They’ve had many complaints in the past from railroad employess and drivers of the shuttle vans about how dangerous this crossing was ... and nothing was ever done to change it," Mostul said.

A private crossing has no requirements for lights or a crossing arm. Mostul alleges design flaws in the crossing and blames the railroad for the crash.

Mostul said BNSF eliminated the position of train master and moved the duties to Vancouver some 40 miles away.

"Obviously, if you move someone that far away they won’t have information that is as current."

Mostul said the family of Tom Kenny, a veteran engineer killed in the crash, was looking into suing the railroad company.

The Kelso Police Dept. has subpoenaed BNSF for surveillance video that was onboard the train.

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