Was the Amtrak Crash Criminal?

Eight passengers dead and over 200 injured, and still there are few satisfying answers for the families and the friends of the people who were involved in the Amtrak tragedy. Although there are plenty of theories and finger pointing, the true blame has yet to be officially placed on any punishable entity. This means that the floor is still wide open to speculation about what could have caused the crash, and some of these people are saying that the motives may have been much more sinister than originally thought.

The National Transportation Safety Board is still researching the official line of thinking on the crash, and they are sure to share their findings with the general public when they are done with the investigation. However, there has been no official line of thinking, leaving only room for speculation with backing from tenuous evidence.

- The Train Engineer

According to some of the more negative speculation, there may be room for a criminal prosecution of the engineer of the train, Brandon Bostian. Many of the early reports about the crash agree that the train was traveling at a speed that was much higher than the legal limit for that particular stretch of track. If this turns out to be true, then one of the questions that may be raised is the possibility of the criminal prosecution of Brandon Bostian.

In order to determine if there is room for a criminal prosecution, the investigators who are on the case must first determine if the Amtrak crash was a result of human error. From that point, they will be able to determine if the incident should be looked upon as a case of criminal negligence or just some other kind of reckless behavior. The more serious the charge, the more evidence that prosecutors must have that Mr. Bostian acted in a manner that was so reckless that it should be considered criminal. Unreasonably negligent behavior is among the charges that could be leveled here.

The process of establishing any of these perspectives could be quite difficult and complex.

- The Conduct of Mr. Bostian While Conducting

From the perspective of the criminal court, the issue of negligence would mean that the train was being operated by Mr. Bostian in such a careless manner that the crew and the passengers would be subjected to danger outside of the normal hazards of operating a train. The standard of behavior is that of a “reasonable person“, a standard that can be increasingly difficult to establish with the growing number of cases that are currently on the books that may be considered relevant. In the specific case of the Amtrak crash, Mr. Bostian might be considered reckless in his inability to properly anticipate the risk of an accident. This failure of perception must be directly linked to the carelessness that he showed in his professional capacity.

The conduct of Mr. Bostian will be evaluated in order to determine if he was engaged in an unprofessional act during any point in the accident. These actions could include using his cell phone to text or to call someone. He could have also been listening to music. If he was distracted in any way, then he might be liable in a criminal court.

At the point of this writing, there is no indication that Mr. Bostian was engaged in any of these actions, with his lawyer already making the point that his cell phone was secured away in his bag during the time of the accident. Investigators that are on the case are sure to determine if this is true, and they will be able to do so through the records that the cell phone keeps track of automatically. People who know Mr. Bostian are remiss at this accusation, saying that the veteran engineer took his job seriously, loved it and always performed it to the best of his ability.

However, the cell phone is not the only indicator of behavior that may be defined as reckless. In general, the definition of recklessness is whether you are disregarding the possible consequences of your actions while subjecting others to the danger that you are causing from that lack of regard. At this point, there is still nothing that indicates this was the case; however, a drug and alcohol investigation has not yet taken place. However, Mr. Bostian’s lawyer has already stated that Mr. Bostian gave a blood sample in order to prove that drugs and alcohol played no part in the accident.

Investigators will also try to show whether Mr. Bostian was sleep deprived or not. This also has no evidence to back it up currently; however, the investigation is far from over.

- The Actions of the Train

The actions of Mr. Bostian may be quite difficult for investigators to prove. However, the actions of the train are much more of a matter of course, and investigators may take this angle in order to infer the actions of Mr. Bostian.

For instance, it is not a matter of opinion that the train was traveling far too fast during the time of the crash. However, the speed of the train does not establish in a definitive way that Mr. Bostian is at fault. Many other factors could be at play including the mechanical failure of the train itself or a faulty track. Both of these conditions could cause the train to accelerate excessively.

There are also reports that a projectile may have struck the train moments before the crash, although the investigators have ruled out a firearm as the guilty party. However, the idea of a projectile complicates the matter even further, and it definitely puts the prosecution in a bind in court, because now the actions of Mr. Bostian may be less apparent and less connected to the actions of the train based upon the reports of the behavior of the vehicle.