MOBILE, Ala. — A former Alabama Export Railroad locomotive engineer has been charged with reckless manslaughter in the Nov. 17, 2020, death of a Mississippi man who was killed when his track maintenance equipment was struck by the engineer’s train at Prichard, Ala., just outside Mobile.
The Associated Press reports that James Jeffery Elder, 49, of Spanish Fort, Ala., has been indicted by a Mobile County (Ala.) grand jury in the death of Dexter Scott of Laurel, Miss. Elder was released on $75,000 bail. He allegedly was using a personal electronic device while operating his train.
At the time of the incident, Elder was operating a Canadian National train for Alabama Export, a short line that provides switching services in the Mobile area and connects with several other carriers. Scott was a contract maintenance worker for Continental Rail Inc. Three other workers were injured in the collision. Elder subsequently lost his engineer’s certification and was fired by Alabama Export. [see “Engineer in fatal Alabama short line accident … ,” News Wire, June 15, 2022]
In a report issued in April 2022, the National Transportation Safety Board cited as
“probable cause” Elder’s “failure … to operate his train in accordance with restricted speed requirements and stop before colliding with the equipment because he was engaged in the prohibited use of a personal electronic device.”
The NTSB determined that Elder’s CN train was moving at 19 mph at the time of the collision and that the brakes were never applied. Cellphone records and the locomotive’s inward-facing video camera showed he was using his personal device when he entered the cab; while he partially covered the cab camera with his hat, investigators could see he was engaged in a video conversation through the trip, including at the moment of the collision.
Following the incident, Alabama Export made more than 25 managerial and operational changes, including updates to its safety plan to address on-track safety. The company also said it would no longer use contractors for track maintenance.
One of my ancestors was charged with manslaughter when his steam engine was returning to the ash pit to get his boiler cleaned out. Moving at the yard limit, he started to apply his brakes as he entered the ash shed, but in the winter evening, some frost had formed on the track, his engine started to slide, not slow down.
The worker in the ash pit stuck his head out to see what was going on right as my ancestors engine struck the engine the worker was cleaning. The armature of the wheel struck him in the head and his neck fell into crevasse of the wheel and track and he was killed instantly.
After charges were filed, a full trial took place and after all the evidence was laid out in court, the jury found that it was an accident and the manslaughter charges were dropped.
That same ancestor died just 7 years later as he was never able to relieve himself of the guilt of killing one of his co-workers.
Aware, Alert = Never Hurt
I read the NTSB report and it indicates the engineer was alone in the cab. It also indicates the engineer was working as a conductor earlier in the day switching cars with an engineer and brakemen.
As for method of operation, I’m a little confused. In my day Yard Limits applies to Main Track operation yet the track the collision occurred on is reported to be uncontrolled, which I assume to mean that neither a dispatcher or yardmaster provides authority to occupy and run on it. Other than Main Track operations is at restricted speed.
In any event, in my experience, we never had trains running on track which was occupied by maintenance workers whereby Restricted Speed was the only thing preventing the train from striking the on track men and/or equipment. The only exception would be a work train which would be assigned a maintenance employee who would coordinate all movements of the train and the maintenance workers and equipment.
Finally, I’ll just say, I don’t know what was going on in this guys life that he needed to be on a video call while running at restricted speed and the only person in the cab of the locomotive, but in railroading different situations and conditions warrant differing levels of vigilance….restricted speed where you’re in the cab alone would require the highest of vigilance and alertness and awareness. On that day, one guy didn’t go home.
Just wonder if the FRA took any action against this engineer. Hanging is hat in the inward facing camera alone is a serious violation in that he willfully disabled a safety device. That alone has its own set of penalties based on federal regs. This man belongs in jail and everyone knows he’s been doing this for awhile. And the other question. Was he alone in the cab?
I totally agree Peter, having worked for the Railroad for 17 years as a second career. The railroad is a very unforgiving business. One mistake or lapse of attention could be your last. I seen my share of close calls.
I’m not a railroader, but I have been to classes to get my RoW certification for MBTA work I do as a consulting engineer. The primary focus of the class is situational awareness, and don’t ever lose it. The short film with the Dutch track worker who barely escaped getting hit by not one but two high speed trains is burned into my brain.
Overall, a very sad situation. Railroading is an unforgiving profession at times and lives can be ruined in an instant. In my 25+ years in the industry I have experienced my fair share of incidents where keen situational awareness (by myself and those around me) was the only thing that prevented a tragic result.