Tradgedy ... 1984 .. Helper Units lite power, Struck vehicle persons Englewood,CO in Tales of the Jointed Track

This was always, an engineers nightmare. A crossing accident, or anything else struck, involving a human being. It has waned, thankfully due to education and physical crossing separations.

I think I need to write about this. This still haunts me from time to time. This , unfortunately was my only fatality, but one too many. Trains don't stop on a dime, they don't. Perspective, line of sight, angles, yeah its moving slow, or is it? Yes at 40 MPH, one mile in one minute and 40 seconds. It's on you like a cheap suit, and hopefully if stuck you survive.

A day call, shove a Coal load up the grade, return lite power. We may have to double shove, we may not.

Palmer Lake:

We cut off the load. We are told head back to Denver, there is not anything for you to boost up the grade. Wow, right on, 7 hours on duty and work back up. A good night at home, maybe a date with the wife. We have a running order back home, a RED over GREEN at the "Lake", and we're heading north.

Littleton,CO:

We call the Rice Yard Operator. "Operator..West end Rice Yard". "Helpers BN 6727 North, we're coming into Littleton" "I'll call the Rio Grande for the signal at South Denver, and tell the Yardmaster". Okay we'll give him a call". We call the yardmaster at Rice Yard, close to the Belleview overpass, and get the "Inbound, call me at 8th Avenue". No problem.

Englewood, CO late afternoon

There are three railroad crossings at grade here, Tufts Avenue, Quincy Avenue, and Oxford Avenue. The old Englewood depot, is a quarter mile north. We're on clear (green signals) . I blow for Oxford and the conductor goes to the fridge for his "pop".

The old Englewood siding, is still there. The south switch, is 50 feet north of Oxford, and goes for 4800 ft, to the old closed Santa Fe depot, where there is the north switch. The next railroad crossing at grade is Dartmouth Avenue, this is about a mile and a half distant.

There is going to be a relocation and grade separation, from South Denver to Littleton, CO. This is the preliminary demolition and construction. Kenyon Avenue has had the crossing closed for at least the past 5 years. The little scrap yards, auto repair shops and lumber yards, between the southbound and northbound mainlines have been closed, bought out and are in various stages of demolition.

There were 25 ballast cars in the siding. The Maintenance of Way (MoW) people made a private crossing there, just to get the section trucks, into the area. Construction vehicles were led into another access off Oxford Avenue, with a flagman, provided for them. The separation between the cars was about 5 feet, either side, just to get their equipment into place. There were barricades, and as for the general public, there was no access, unless YOU wanted to access the site.

During the time, after Oxford Street crossing, to the MOW made crossing, about 800 ft. No one is around or visible. Things are good, or are they?
BAMMMM! okay what was that?. The Conductor comes up and says what was that? "I don't know? Look at your side". "STOP STOP, we hit an ATV, God this is awful". We stop around the the Englewood depot. I call an emergency to the overall operating radio rules. I call Rice Yard for assistance, Police, ETM's, Fire department. The Conductor walks back to the area. A Rio Grande freight, northbound enters the equation. "Hey did you guys strike someone?" "Yes, stay back where you will fit". "Thanks, let us know".

Yes, we struck an ATV, and they were chased off 2 hours beforehand, by the ATSF section crews. It doesn't really matter, this has happened. It is not good.

The Unfolding of the Ugly Truth:

Yes the ATV was struck. We hit the ATV on the front wheels. This propelled them both, off angled to the left. The carnage landed onto scrap and scrap rail. Plus the blunt force trauma at 40 mph, and having the ATV landing on him on the scrap pile. It wasn't good period. The Englewood Police, had determined, that they were in fact trespassing, only to come back later on. The Conductor gathered the information needed, as the best he can . The Police board the units, and a search an seizure, for the accident. There is no warrant. I tell them so, but feel free, to look. What are these cans? "Okay Doll" ( Lady police officer) they are Skoal chew cans. Lip one, or confiscate, I have nothing to hide. "This bag?" "Its the Conductors, you have to ask him." "well we can." "yeah, whatever, be prepared to defend your position". They back off, we have nothing to hide, but they are going to go as deep as they think they can. "Want a drug and alcohol test?, go for it, but need a Company Officer here as well". They are back pedaling, and we have a fatality.

We are released from the accident sight. I call the Rice Yard operator, "Syl, we are released, ready to proceed to South Denver". " You're lined up, I'll re check with the Yardmaster". We call the Rio Grande behind us. "Hey we have been released, proceed as needed, beware of Police and Fire, at the location". "Thanks, sorry for what has happened". "Thanks" We, regardless of railroad affiliation have been there.

Two months later ...Railroad / Court deposition:

I get call from the Santa Fe claims manager. "Be prepared, to accept a summons, for Deposition, and the associated court date". "Yeah, Okay".

I was called for a 600 pm helper. I told my wife, be ready, there might be a process server, giving a summons. Yep, 40 minutes after I left for call, he shows up. She accepts the summons.

Law office Downtown Denver..the Deposition:

Wow, what a mind "F" this was. It was blunt. it was ugly. It was the Santa Fe, the BN, and the Rio Grande vs the deceased. Questions they varied. The deceased lawyer, the railroad's lawyers, the claim agents, us the crew, all in one room. The conductor and myself were separately interviewed.

We were told, you are under oath, like in a real trial. The questions, the answers, the rebuttals, the counter attacks. It sucks.

Photographs were presented. I was told to look at them. I did, and stated my comments. The plaintiff's lawyer was irate, and picked them up and slammed them down. Angry voice, judgmental, and the you're under OATH. He took pictures of the northbound Santa Fe mainline. "YOU TELL ME!!, where I am WRONG!!. Yes, I did. "Well, the track you think is southbound is actually Northbound. The first photograph is looking south, towards Oxford, The track you think is west, is actually east, the Englewood siding. The second set, looking north is a Rio Grande freight proceeding southward. A dumb blank stare. He's fucked and he knows it. This is not a one upsmanship I want to savor, there is a 14 year old who is dead. Stuttering, and adjournment. We get back to proceedings. We were adjourned, and I was asked to leave the room. I was finished for the day. The claims agent, said "We will get into contact, as needed to finish this off". As I left, behind closed doors, the Rio Grande lawyer was reaming this attorney, ten days from Sunday. They were called in, and had no interest or liability in this suit. This lawyer was pulling out all stops.

It comes to the fact, the kids involved, took the ATV that belonged to a neighbor. That neighbor had no knowledge, nor had given permission to have that in their possession. They walked it over the Hampden Street overpass, via the railroad tracks. They also were run off by the Santa Fe section, not only that day but two days prior. They returned, only to have a fatal end of the story.

I get a call ten days later. "You are clear, we have settled out of court". "Okay, I know you can't comment on figures, but what brought it about?" "The Judge said, if this goes to court, they had a 99 percent chance of losing in court". I told her my wife worked in insurance, and said the liability was this figure. She stammered and said, "You are free from any other litigation". A sad ending to a sad story.

The other lawyer, he was a UTU (United Transportation Union) counsel. He went against the conductor, whom he was to represent. He was dropped after that, by the UTU. He was a friend, of the family, and said he would get this settled in their favor. He was looking for millions, in settlement, and his cut. The cost for this sad state of affairs... 200,000.00 A young life lost by wrong choices. The young man would have been 40 years of age, now if he survived the collision.