Surviving derailments, investigations, and court proceedings

The traditional railway world has changed. Those of us engaged with operating railways have survived by working with the changes in various roles, with different and changed organisations, and in operating environments that have changed significantly. One significant, and little talked about aspect of this change emerges when things go wrong and damage or loss occurs. In this situation the spotlight can be turned on the permanent way practitioner to be involved in determining the cause, a reasonable repair and recovery process, and the amount of loss occasioned. This will then be used to determine the damages that one party can claim of another, with regard to relevant commercial contracts, and common law. Where there are differences between the reports of experts in relation to causation, loss and damages, settling damage claims can involve protracted legal processes which can lead to a court trial. In circumstances where significant losses have occurred, the permanent way practitioner can get be exposed and challenged when providing evidence and opinion. Once provided this can be debated and challenged. Where court proceedings are involved, judgements can be published for all to read. These judgements can and do contain the court’s assessment of a witnesses’ honesty, reliability and credibility. Many would be surprised at what can be written, and prospective witnesses would be better prepared by doing some research in this area. In looking to provide something useful for others in this paper I am mindful of the fact that whilst I have some experience with investigations and court proceedings, I am by no means putting myself forward as a model or as an expert in what I have done, seen, or experienced. I can advise that at the time of writing this paper, I believe I have no such matters in the process of being investigated, argued, mediated, arbitrated or judged. Notwithstanding the relief provided by that recent circumstance, I, from some experience, am aware that seemingly closed matters can unexpectedly restart and develop into a full on dispute with parties equipped with experts and lawyers “at ten paces”, and that new incidents resulting in my involvement can arise at any time.

• Record URL:
  http://railknowledgebank.com/Presto/content/Detail.aspx?ctID=MTk4MTRjNDUtNWQ0My00OTBmLTllYWUtZWFjM2U2OTE0ZDY3&rID=NDQw&sID=MQ==&qrs=VHJ1ZQ==&ph=RmFsc2U=
• Authors:
  • Mitchell R
• Conference:
  • Permanent Way Institution (PWI) NSW, 2008 Annual Convention
• Publication Date: 2008

Media Info

• Pagination: pp. 1-8
• Monograph Title: Permanent Way Institution (PWI) NSW, 2008 annual convention

Subject/Index Terms

• TRT Terms: Crash investigation; Incident management; Litigation; Railroad transportation
• ATRI Terms: Crash investigation; Incident management; Litigation; Rail transport
• Subject Areas: Law; Railroads; Safety and Human Factors;

Filing Info

• Accession Number: 01517021
• Record Type: Publication
• Source Agency: ARRB
• Files: ATRI
• Created Date: Mar 4 2014 8:04PM