Saw this news report update about the official police report on the Downeaster truck collision in July. Amtrak is suing the truck company for $3 million and I doubt it will go to court if the police report findings hold up to examination by the truck operator insurance company lawyers.
Portland Press Herald report:
http://www.pressherald.com/news/Police-Trucker-distracted-speeding-before-train-collision.html
"NORTH BERWICK — A New Hampshire trucker hauling a load of trash was distracted and speeding before his tractor-trailer skidded more than 200 feet into the path of an Amtrak train, causing a fiery collision that killed him and injured several others in July, investigators concluded.
Peter Barnum, 35, of Farmington, N.H., took a five-minute phone call from his employer just before the collision and his truck was traveling 20 mph faster than the posted speed limit when he hit the brakes, according to a report by the North Berwick Police Department. A motorist following Barnum reported that the truck had been weaving on the road.
Barnum was distracted, possibly by his cellphone, and "didn't see the crossing until it was too late," Police Chief Stephen Peasley said today.
Investigators cannot say with absolute certainty whether Barnum was on the phone at the moment of impact on July 11. A conversation between Barnum and his boss ended at about the same time as the accident, though the boss insisted that the call ended before the collision, Peasley said."
It goes on and gets worse for the truck operator and company:
...
"A driver who was following the truck, Greg Daigneault of North Berwick, told investigators that Barnum was driving erratically and didn't slow down when the speed limit dropped."
"Cellphone records indicate there were 14 incoming and outgoing calls between 7:37 a.m. and the time of the crash. The report indicates the last call came from his employer at 11 a.m. and ended at 11:05 a.m., the same time police received the first 911 calls, the report said."
If the driver was talking to his employer up to just before the accident, the truck company can not claim that he was breaking rules - if the company has any - about not using the cell phone while driving.