CapMetro: No 'near miss' for train, SUV

AUSTIN (KXAN) - Capital Metro is responding to an incident witnesses describe as a near collision between a MetroRail train and a vehicle last month.

Officials said Monday their preliminary investigation shows no "near miss," between a train and any vehicle. They point to video showing that the train stopped before any traffic drove onto the tracks.

Meanwhile, the drivers of two vehicles near the train continue to claim they had an accident, though Capital Metro Chief Operating Officer Andrea Lofye says video does not show an accident taking place between the vehicles.

"The camera footage that we reviewed doesn't indicate that there was an accident," said Lofye.

"I cannot see an accident take place on that video," said Jermail Houston, the driver of the first vehicle. "I do not understand it. The moment is very blurry. And I'm just here to tell the truth."

Houston said he had damage estimates of $2,870 from the accident, and also said he had a broken wrist.

Alana Marimon said she hit Houston and claimed she had damage on her Isuzu Rodeo to prove it.

"I honestly don't know how the wreck isn't on the video, because I know that I rear ended him," she said. Her boyfriend, Boone Planta, who was in the car as well, backed up her story, saying he saw an accident take place.

Video released Friday by the transit agency shows the incident in question.

Here's video of the alleged incident Capital Metro Train at MLK and North Lamar here, shot from cameras attached to the train:

Clip One:

 
Clip Two:

 

Clip Three:

 

Lofye said the train's engineer followed procedure, slowing down to 15 miles per hour before the tracks, because the crossing was labeled as malfunctioning.

The agency also said an SUV and other vehicles at the crossing at a complete stop a safe distance from the tracks, and there was no indication that an SUV was pushed onto the tracks into the path of the oncoming train.

Marimon and Houston both said the crossing gates malfunctioned and came up prematurely with the train present. They also said no flaggers were present at the crossing.  Lofye confirmed no flaggers were present at the location, but said the train followed procedure.

Friday, KXAN captured video of crossing gates coming up prematurely at the MLK location with a train present.

Capital Metro has said up to 12 crossings on any given day in Austin are either labeled as disabled or malfunctioning. Lofye said the agency tries to place flaggers at the locations to try and make the crossings as safe as possible, but there is no set requirement for the placement of flaggers.

She also said drivers need to be aware of train tracks, and not stop on them.