PUBLIC TRANSPORTATION SAFETY BOARD RAIL ACCIDENT CLOSE OUT FORM ******************************************************************************* 1. CASE NUMBER: 8370 2. PROPERTY NAME: MTA– 3. CRITERIA CODE: CX 4. ACCIDENT DATE: January 23, 2005 (CHOICES CX-EV-PF) 5. LINE NAME: West 6. LOCATION: Hempstead Avenue

7. NO. OF INJURIES: 0 8. NO OF FATALITIES: 1

9. ACCIDENT CODE: 56 (CHOOSE ONE OF THE FOLLOWING) 40-Track Maintenance Deficiency 45-Human Failure-Improper Procedure 50-Fell from Train 41-Track Component Deficiency 46-Material on Track 51-Ignored Warning Devices 42-Equipment Maintenance Deficiency 47-Inconclusive 52-Unsafe Action 43-Equipment Component Def. 48-Loss of Power 53-Mech. Failure/Other Vehicle 44-Human Factor/Equipment Operator 49-Fire or smoke 55-Drag Related 56-Non-Passenger Fatality 10. PROBABLE CAUSE: At 10:10 a.m., on January 23, 2005, the lead car (#7316) of Long Island Rail Road train #6904 while proceeding east on track #1, stuck a 78 years old female pedestrian who was walking within the confines of the grade crossing at Hempstead Avenue at the west end of Malverne Station on the West Hempstead Branch in Nassau County. The pedestrian was removed with fatal injuries after power was removed and the 35 passengers aboard the six car train were discharged onto the Malvern Station platform.

The day had been dominated by cloudy skies, continuous snow, with accumulations in excess of 13 inches and visual conditions were aggravated by winds that had been gusting up to 30 mph. The temperature was recorded in a range around 18 degrees Fahrenheit. The engineer stated that at Valley Stream, he performed a pre-trip brake test and no exceptions were noted. As the trip continued, the engineer experienced problems stopping his train at intended locations because, in his opinion, snow was building up on the brake pads and on the roadbed causing a reduction in braking performance. To compensate for the conditions, the engineer stated that he adjusted his operation and began braking the train earlier than normal.

The engineer stated that as the train was proceeding east out of Westwood at a speed of approximately 25 to 30 mph, he had noticed that there was a lot of snow blowing around. He stated that he had already begun applying the brakes for the stop at Malvern Station when he saw out of the corner of his right eye, what appeared to be a dark object moving slowly across the track in front of the train. The engineer immediately increased the brake application and placed his other hand on the horn. The pedestrian who appeared to be wearing a hood over her head and had her face covered with newspaper, continued walking slowly across the track as the train approached. The engineer further stated that he then placed the train’s brakes into emergency and the train slid through the crossing, striking the pedestrian with the north east forward corner of the lead car. The train finally stopped one car length into the Malvern Station where the body of the female pedestrian was removed from under the second car.

The engineer explained to responding support individuals who appeared on the accident scene afterwards; that the female pedestrian had walked around the down gates at the crossing and appeared that she had never observed the train. A witness who was proceeding into a retail store in the vicinity of Broadway and Hempstead Avenue stated that he observed the pedestrian walking on the paved vehicle lane of Hempstead Avenue inside the confines of the grade crossing while proceeding from the south side of the intersection to the north. Furthermore, he recalls that the bells were ringing, he heard a train’s whistle and that he noticed that the individual was wearing a coat with the hood up when he saw her disappear into a gust of snow as the train entered the crossing. He further stated that prior to the accident; he yelled and waved his arms in an effort to alert the pedestrian who appeared not to be paying attention to the approaching train.

Documents submitted after the accident, indicated that car 7316 was equipped with an operable horn and headlights that were illuminated at the time of the accident. The post accident brake tests that were performed were found to be in compliance with all applicable standards. The crossing gates at that location received post–accident examination and testing and were also found to be working properly.

Hempstead Avenue diagonally crosses the single track rail line from south to north and is located at the east end of a right hand curve. The Avenue has two lanes of traffic; one in each direction and sidewalks on both sides of the roadway. Public Transportation Safety Board staff noted that there is approximately forty feet of walking space between the south gate at the crossing and the track if an individual is walking on the paved vehicular lanes and that this distance increases to 45 feet, if an individual is utilizing the east sidewalk. Furthermore, snow accumulations were evident on the day of the accident on the roadbed and alongside the vehicular lanes of Hempstead Avenue. Signs posted in the area indicated that it is “Unlawful to cross when gates are down”. At the south-east corner of the crossing there is a rail crossing sign; four illuminated warning lights, two in each direction; a pedestrian gate and vehicular gate, which extends across the both traffic lanes. At the north-west corner there is another rail crossing sign; four illuminated lights, two in each direction; a pedestrian gate and vehicular gate capable of extending across the complete width of the two vehicular lanes. The north-east corner of the crossing has a pedestrian gate. Further inspection of the crossing on a clear day indicated that all pavement markings were applied as required.

The Public Transportation Safety Board staff finds that the most probable cause of this accident was the failure of the pedestrian to observe and obey the warning devices at this location. Contributing to the cause was the unseasonable weather conditions at the time of the accident. Based on the circumstances surrounding this accident, the Public Transportation Safety Board staff makes no recommendations.

11. DID THE PROPERTY CONTRIBUTE TO THIS ACCIDENT? NO

12. ARE THERE ANY RECOMMENDATIONS TO BE MADE? NO

INVESTIGATOR: Joseph Stiga DATE: April 26, 2005

SUBMITTAL

The above case has been thoroughly investigated and meets all the conditions identified in PTSB Resolution #1220 and does not require a written report.

DATE: May 18, 2005 Jerry Shook, Director Rail Safety Bureau