DELRAY BEACH, Fla. — The firefighter driving a Delray Beach fire truck when it was hit by a Brightline train has received a non-criminal traffic citation following an investigation by the Palm Beach County Sheriff’s Office.
WPEC-TV reports the driver of the truck, David Wyatt, was issued the citation because he did not use “due care” when he drove into the path of the oncoming train.
Fifteen people — three firefighters and 12 people on board the train — were injured in the Dec. 28, 2024, incident in downtown Delray Beach [see “Fifteen injured …,” Trains News Wire, Dec. 28, 2024]. Four firefighters, including two of those injured, were placed on administrative leave while the incident was investigated.
According to WPEC, the sheriff’s office 70-page investigation report says the fire truck was responding to a structure fire when it was stopped by a freight train at the 1st Street grade crossing. When that train passed, Wyatt drove around the still-lowered crossing gates, unaware of the Brightline train approaching at 79 mph.
WPTV reports that one of the other firefighters, Brian Fiorey, suffered series injuries to his leg requiring implanting of a metal rod. Fioreny told investigators he had no recollection of the crash beyond getting into the fire truck to respond to the fire call. Wyatt and the other injured firefighter, Joseph Fiumara III, also said they have no recollection of the collsion.
The report says the collision caused an estimated $500,000 damage. The fire department did not respond to WPEC’s inquiry whether there will be further disciplinary action.
A non- criminal traffic citation, is that like a parking ticket?
So it won’t show up on his drivers license record as a traffic violation?
As a former deputy sheriff our citations went on to the drivers record unless one was found not guilty.
I read non-criminal as meaning there’s no potential for jail time as part of the penalty. Like the difference between a DUI versus speeding or an illegal turn. The non-criminal stuff would still appear on his driving record if found guilty of it.
Brightline is starting to run out of engines. So many vehicle and pedestrian strikes this past year. So many engines in the body shop getting assessed and repaired (or scrapped).
Nothing’s been scrapped to my knowledge and we fixed FAR worse during my time there.
It appears that all government agencies need to track their driver’s driving records. Especially if reckless driving on record. IMO the driver should not have been allow to drive a $1/2 M fire truck with a reckless driving citation on his record.
Interesting how all of the other firefighters have “no recollection” of the collision. Bet they’ll have total recall once they’re on the witness stand to testify when they sue for personal injury damages.
Ron Hull, it’s pretty obvious you’ve never been in a severe accident where one loses consciousness.
The city is also looking at maybe career ending injuries for one or more of the firefighters. That’s at least Workers Comp. costs plus other potential insurance costs.
It would be interesting to learn if damage to the train set will be paid by the Fire Department’s insurance. also, with a clear statement of liability, I would expect injured passengers and train crew to seek legal relief.
The sheriff’s office is the lead investigator for this accident. NTSB is also involved in the investigation.
While lawsuits can happen before fault is found, usually they wait for all the facts to be brought out before assessing the liability.
My guess is the city and the railroad will settle privately since it’s all rather obvious.