Flightless Bird: "Train Crashes" (March 17, 2026)

Main Theme

In this eye-opening episode, David Farrier and his American cohost Rob dive deep into the alarming rate of train crashes—particularly collisions between trains and cars—in the United States. Drawing from David’s outsider (New Zealander) perspective, the episode explores why these accidents are so frequent, the entrenched interests resisting safety upgrades, and what it’s like to work on the front lines of train crash litigation. Special attention is given to the lived horror and bureaucratic indifference that defines America’s rail infrastructure.

Key Discussion Points & Insights

Setting the Scene: How Bad Is It?

• Staggering Numbers:
  • About 1,300 train derailments occur annually in the US (00:38).
  • Last year, trains hit 1,870 vehicles at crossings, with 247 deaths and 623 injuries (03:47; 41:06).
• Deregulation & Oversight:
  • Post-1970s deregulation led to just six train companies handling almost all rail freight, with minimal federal oversight ("about 1% of activity") (03:47).

Quote:
"That's three and a half per day... 247 people died in the process... This whole thing blows my mind."
—David Farrier (03:47)

American Attitudes Toward Trains

• Rob and David’s personal anecdotes blend dark humor and disbelief as they contrast American and Kiwi perspectives.
• Rob: Train safety drilled into him as a kid (e.g., school buses must stop and look at tracks) (10:28).
• Classic American childhood memory: flattening coins on train tracks with grandma (13:12).

Quote:
"My grandma... would take us to the train, give us coins. We'd put them on the track, wait for a train to come by... and then go collect the flattened coins."
—Rob (13:12)

The Human Cost: Inside Train-Versus-Car Litigation

• Interview with "Caroline" (pseudonym)—plaintiff's litigation specialist whose law firm exclusively represents motorists hit by trains (18:20).
  • Shock at how many people are gravely injured or killed (“You’d be shocked... and it was totally preventable” —Caroline, 18:51).
  • Goliath-sized opposition by corporate railroads reluctant to install adequate safety devices (lights, gates).

Quote:
"They will not put the lights and the arms in every single crossing... We battle Goliath every day."
—Caroline (19:45)

Why So Many Crashes?

• Causes:
  • Poor sight lines due to overgrown vegetation or structures obscuring train views (26:16, 27:25).
  • Inadequate warning systems at crossings (many have just a “crossbuck” sign, no lights/gates) (21:31).
  • Trains often cannot be heard in time due to speed or car noise.
• Railroad’s Responsibility:
  • Many accidents stem from railroads failing to meet their own safety standards and federal law (28:50).

Quote:
"The most common reason... is because the railroad does not maintain its crossing according to its own intercompany rules and the federal laws that govern them."
—Caroline (28:50)

Legal & Institutional Barriers

• “Blame-the-driver” Culture: Railroads’ primary defense is always to blame the car operator—often regardless of actual conditions (30:22).
• Preemption Loophole: If federal money ever funded a crossing’s warning device, railroads can claim exemption from additional liability or upgrades (29:09).
• Jury Manipulation: Railways actively seed communities with “Operation Lifesaver” stop/look/listen campaigns before trials to sway juries (35:16).

Quote:
"They ran an Operation Lifesaver event so that the jury pool would be tainted... It's so cynical, isn't it?"
—David & Caroline (35:16)

The Inaction of Rail Companies

• Technology exists ("positive train control") to automatically slow or stop trains before hitting an obstacle, but rail lines refuse to retrofit engines ("just won't spend the money" —Caroline, 35:45).
• Lights/gates could be installed on all crossings for under $1 billion, a negligible sum for these companies, but there’s little incentive beyond profit (38:32).

Quote:
"Those six Class 1 railroads could pool their resources... put lights and gates at every crossing... or at least less frequently."
—Caroline (38:32)

Broader Impact & Relentless Status Quo

• No trend of improvement: Annual fatality numbers stay flat over decades.
• Rural and low-income areas are disproportionately affected.
• Responsibility off-loaded to the public through campaigns; only school buses and hazardous materials carriers must legally stop at every crossing (39:55).

Emotional & Psychological Toll

• Both the legal professionals and the train engineers are deeply traumatized by the carnage.
• Engineers are pressured to keep trains moving, rarely intervene early, and aren’t even told to report missing/broken signage (31:48; 33:54).
• Caroline won’t ride Amtrak or any US train (“No, absolutely not... I can guarantee you there’s some bullshit going on” —42:24).

Amtrak Isn’t Immune

• Amtrak often operates on privately owned tracks maintained by the Big Six, exposing it to the same risks as freight.
• Famous incident: Even a passenger Amtrak sleekly hidden behind cornfields resulted in carnage (41:43).

Notable Quotes & Memorable Moments

• "If a person killed as many people as the railroad companies do, that'd be the most horrific mass murderer America has ever seen."
  (Caroline, paraphrased by David, 42:58)
• "It’s like a pop can getting run over by a city bus."
  —Caroline, on the force of a train hitting a car (20:04)
• "I do some big drives around America. I've definitely driven over railway tracks that didn't have an arm."
  —David Farrier (39:42)
• "I stop at every single railroad crossing that I come to, even if it pisses people off behind me, because I don’t trust those lights and gates either."
  —Caroline (39:42)

Timestamps for Key Segments

• 00:38 – 03:47 : Overview of crash/derailment stats, arc of inquiry.
• 18:20 – 22:48 : Introduction to Caroline, her role, and the litigation process.
• 26:08 – 29:02 : Detailed breakdown of why crashes happen (sight lines, warning devices).
• 30:22 – 35:16 : Legal strategies & “blame the driver” defense.
• 35:45 – 38:50 : What tech could fix train crashes and resistance to implementation.
• 41:06 – 42:58 : Broader implications: Amtrak, the human toll, and train professional trauma.
• 46:00 – End : Co-hosts’ reflections, broader discourse on American infrastructure, wrap-up.

Flow & Tone

David’s outsider curiosity is met by Rob’s sometimes darkly comic, sometimes nostalgic American take. The interview with Caroline anchors the episode in hard realities and a palpable sense of frustration at rail company indifference. The episode achieves both an educational and deeply personal tone, blending horrifying statistics, relatable anecdotes, and passionate pleas for systemic change.

Practical Takeaways

• The US rail infrastructure is fatally underprotected; hundreds die each year needlessly.
• Railroads resist even basic safety upgrades, preferring profits and legal defenses over public wellbeing.
• If you find yourself at a crossing: Always slow down or stop, never assume it’s safe, visually clear both directions even if gates/lights are present.
• Modernizing America’s rail safety would take only a tiny slice of these companies’ revenue—but change is unlikely without public pressure.

Listener Engagement

• David and Rob call for personal stories of near-misses, legal battles, or experiences with train crossings (flightlessbirdchatmail.com), promising to feature them in future feedback segments.
• Train tales—flattened pennies, brushes with danger, and feedback on rail infrastructure—are warmly encouraged.

In Summary

"Train Crashes" expertly exposes a hidden crisis in American infrastructure, illuminating the human and systemic failures behind appalling annual casualties. With a riveting insider interview and candid cultural reflections, the episode prompts listeners to rethink the taken-for-granted risks lurking at the nation’s railway crossings.