Texting May Have Caused L.A. Train Wreck that Killed 25


September 17, 2008
By Stephen G. Rodriguez, Attorney at Law on September 17, 2008 8:15 AM |

Authorities now suspect that the train collision that killed 25 Los Angeles commuters last week was caused by the engineer's inattention while he was using his cell phone to text message friends. Federal investigators have determined that there were no obstructions on the track and that signals were working properly. Metrolink officials have blamed engineer Robert Sanchez for ignoring a red signal light designed to prevent such collisions. While investigators did not find a cell phone belonging to the engineer in the wreckage, two teen train buffs befriended by the engineer said they received text messages from him just one minute before the crash.

Metrolink prohibits the use of cell phones on the job, but Michael Peevey, President of the California Public Utilities Commission, said the policy is widely ignored. Peevey is seeking an immediate statewide ban on the use of cell phones by train operators that would be even more stringent than California's motor vehicle cell phone ban.

In July, California banned the hands-on use of cell phones by motor vehicle drivers. The use of cell phones with hands-free Bluetooth technology is still permitted. However, any cell phone use is prohibited by drivers under the age of 18. Illegal cell phone use is charged as a traffic infraction or misdemeanor unless it is found to be a contributing factor in an accident, then cell phone users can face a felony charge and even a vehicular manslaughter charge if someone dies.

Cell phone use has been linked to a national increase in traffic accidents. Researchers say that lack of concentration and inattention to driving while talking on a cell phone is equivalent to driving drunk. Texting further decreases a driver's attention to traffic.

If you use a hands-on cell phone or are caught texting while driving, you will be charged with a traffic infraction. The fine for a first offense is $20; $50 for subsequent offenses. However, traffic infractions can compound fines and sentences for other traffic violations such as DUI offenses. If someone dies while you are using a cell phone or texting, you can be charged with a felony or vehicular manslaughter which is a serious crime and carries a jail sentence.