More evidence that there is a huge rail safety problem, a problem with the Federal regulation of the industry, and that once again, FRA PREEMPTION has been used to protect the carriers and screw the public.
Texas Official Admits Missteps That Helped Railroads in Suits
By WALT BOGDANICH
Several months ago, the Texas official overseeing rail crossings commented in court proceedings that many in the rail industry "would consider me their friend." That may not be surprising given what the official, Darin Kosmak, has done to help railroads fight lawsuits brought by accident victims.
At the behest of the rail industry, Mr. Kosmak on about 100 occasions over the last 11 years signed sworn statements about warning signs at railroad crossings, according to court testimony. The affidavits were mostly drafted by the rail industry, which then used them in case after case as a critical defense against claims that unsafe crossings had caused deaths and serious injury, court records show.
But now, the truth of those affidavits is being called into question. According to his court testimony, Mr. Kosmak recently admitted that his sworn statements misrepresented - unintentionally, he says - what he knew about those crossings. He repeated that admission in an interview last week. His statements are beginning to reverberate in court.
. . .
The railroads sought Mr. Kosmak's affidavits to help prove that federal money was spent by the state on railroad warning signs, called crossbucks. Courts have held that if federal money was used, accident victims are pre-empted from making claims under state law that inadequate warning signs made the crossing unsafe. In such federal "pre-emption" cases, Mr. Crow said, the victims have limited grounds to pursue lawsuits against railroads, which is why Mr. Kosmak's statements were important.
The Texas case comes amid criticism of how the government oversees rail safety, as well as an increase in the number of deaths at grade crossings last year. An inspector general's report, made public last month, cited substantial safety problems at the nation's big railroads and raised questions about federal regulation of the industry.
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LINK to Walt Bogdanich's seven part investigative series on rail safety.
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