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I’ve had a number of situations where rail employees are being transported in a van or even driving a vehicle and get in an accident going to or from work or even during the time, they’re at work. One of them was out in the state of Washington where there’s a van that’s picking up some railroad employees and it’s going across a rail crossing. My employee was actually a brakeman in a train that’s coming down the tracks. This van pulls out and the train hits the van and it, unfortunately, kills the driver, two people, and seriously injures a third person. And my guy gets severe post traumatic stress from it, of course, but the most interesting thing of that is that afterwards the railroad wanted to try to prove A) that my guy couldn’t have seen what happened, and he did. He was able to look in to the van and see one of his buddies looking at him eyeball to eyeball just before he died. And my guy couldn’t get it out of his head.
What the railroad did is the video that they gave us from loco cam from the locomotive it had the – you couldn’t see in the window. When we did our investigation, we saw that the front window of the fan was clear, it wasn’t tinted. They did the equivalent of put a blue dot over it and altered the video afterwards so that you couldn’t see it. We were fighting and fighting and fighting to get the original video, they wouldn’t give it to us. Finally, a court gave it to us, I had a forensic expert who used to work for the FBI look at it. He looks at the metadata in the loco cam video and finds out it says if you want to see original content BNSF Law Department. And then he says the video had been dummied down where there weren’t as many mega pixels as there should be. I gave that affidavit to the railroad, the case settled the next day, but they should have gone to jail for it.
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