evers college. >> and officials were saying that gildersleeve was missing and his son asking for help to find his son. and a man on a business trip. aup of these -- all of these people getting ready to go home and go to bed. thank you for joining us. anderson is ahead. >> thank you for joining us. we begin with the investigation into the amtrak crash. and the engineer has agreed to tell them he can't tell them much right now. and whether or not they will help involvers solve what is a mystery crash remains to be scene. we'll have more in a moment. and a accident have a nearby towing company and it is blurry but you can see the crash an the

sparks. and we'll see how quickly it accelerated right before the crash. the speed limit going into the curve where the train derailed it is 50 mile-per-hours and the ntsb said a minute before the crash the train went abop 70 miles per hour and 16 seconds before the recording ended the train went above 100 miles per hour and the death toll rose to eight when another body was found in the wreckage. six people are in critical condition in the hospital. and the mayor said all 143 people on the train are now accounted for as investigators try to piece together why the train was going twice the speed limit and they want to speak with the near 32-year-old brandon bostian. but he suffered a concussion and today his lawyer said on "good morning america," he doesn't member the crash at all. >> as a result of the

concussion he has absolutely no recollection whatsoever of the event. i'm told his memory is likely to return as the concussion symptoms subside. we don't know if he remembers deploying the emergency brake. he remembers coming to and trying to get to his bag to get to his cell phone to call 911. >> basty an has agreed to be interviewed and have his lawyer there. and we're looking into online work he did about train safety. and he's agreed to speak to the ntsb but has he actually spoken to police? >> he's been with the police. he's told the police he couldn't recall anything. as for being interviewed by the police that was a no-go,

according to the mayor, michael nutter of philadelphia. he spent a good deal of the time with police and was cooperative up to the point he would give over a blood sample and hand over to the phone, to the police he would not answer any questions. >> and the ntsb said a positive train control was installed on this track like it was on the rest of the route, this won't have happened and i understand bostian himself had written about this himself. >> this is what is interesting when he talks to the ntsb. there are a number of online writings to be penned by brandon bostian. he wrote about trains and transportation for his high school newspaper. back in 2011 in discussing a fatal crash that was caused been an engineer that was distracted from texting on his phone, he

lamented that the positive train control could have stopped the accident. he said at any point over the previous 80 years the railroad could have implementing some form of technology on the line where that fateful wreck happened it took an act of congress to get them to do this. and had they been more reactive from the get-go. >> the reality is that they have had nearly a hundred years of opportunity to implement some sort of system to mitigate humor error, but with a few notable exceptions have failed to do so. and clearly this man was passionate about this and passionate about it after that accident. >> and you spoke to a good friend and a colleague of his and what did he have to say. >> he said this guy was a topnotch engineer. xavier was a flag man on this

route with brandon bostian. and xavier was fired last year involving ab sentee issues involving his family but when he was asked by any problems involving brandon, this is what he had to say. >> ever see him drinking too sleeping. >> no. >> texting, phone calls? >> no. >> never had his phone out. no matter what the situation. >> let me ask you a question. what do you think happened? >> i don't know. i think something happened prior to him getting to that curve. we all know what the speed limits are. it is not a mystery to us. i've went up and down the rails with brandon hundreds of times. >> and how could this guy who you've traveled with on these

tracks so many times gone into this situation so hot. >> and again, that is the million dollar question. >> the million dollar question anderson that only one man can apparently answer and that is this engineer who now has agreed to talk with the ntsb. >> all right, drew. tank you very much. more breaking news the first lawsuit filed in relation to the derailment a amtrak employee who was hurt is suing the company claiming negligence. and there is a lot to talk about. and now the fact that the engineer is saying he doesn't remember anything and whether that is a convenient excuse or legitimate we have no way of judging, it is critical that they get information from him at some point. >> it is. but he has a fifth ameantment right -- amendment right like everyone else and he will get a criminal investigation.

it is tough to get a criminal case against engineers, this one in the bronx in 2013 the commuter train and the engineer had sleep apnea, no criminal charges. 2008, horrible crash outside of los angeles, where 25 people died and the engineer was texting right before no criminal charges there. >> even though he was texting. >> even though he was texting. it is baffling to me there were no criminal charges. >> why is it so hard? >> there are a lot of causes that can be pointed to apparently in these circumstances. the technology is complicated. and sometimes the cause cannot be pinpointed. but certainly any criminal lawyer would advise this guy not to talk to the authorities until at least he sees a lot of what else the evidence is. >> and the posts that he allegedly wrote going back quite

sometime about safety procedures do they play at all in this? >> i think they do. they are evidence of state of mind. but frankly they sound like they would help him. they sound thoughtful responsible, interested in safety. so i don't think they would be a problem for him. i think they would be helpful. >> sanjay if he sustained a concussion and a head wound requiring 15 stitches how common is it for memory lapses to occur and would the memory lapses occur from before the accident. i've had a concussion before and i didn't remember anything that happened after but i certainly remembered the moments before. >> right. so with post traumatic amnesia which is what this sounds like to some extent you can have both retrograde meaning events that happened before the trauma and things that happen after the trauma you can have amnesia in both directions and they

describe having islands of memory. you may recall certain things but not remember other things. people with concussions can do complex tasks right after the concussion and a day later not remember those things at all. one sort of thing that gives it more context is did he have pre-existing medical problems did something happen around the time something involving his brain that was involved with this in some way, that would affect how much amnesia he has as well. >> and if he does have amnesia, if that is legitimate or a legal maneuver to avoid talking, it is because of concussion and not because of trauma. >> i'm putting trauma and concussion in the same category. traumatic brain trauma most people have some degree of memory loss and it can be mild

and not noticeable in a lot of people but if you do a detailed neurological exam anyone who had a concussion the way they interact with the world has been altered in some way and they have memory loss both retrograde and intrograde. >> and they announced they are not going to file charged against the engineer who fell asleep back in 2013. it surprised me what does it take for them and in a time line like this do they wait for the ntsb to give their judgment in. >> they don't have to. and certainly the ntsb will take the lead role and their determination of causation of why the crash happened will determine whether to prosecute. the situation in the bronx, william rockefeller was the engineer he had sleep apnea and

he had a schedule that was variable and very sleep deprived and the bronx district attorney said there was no charged but not every prosecutor would have reached that decision. some might have brought charged. >> and what about amtrak lawsuits. >> the first one was filed today. congress passed a law for railroads said all damaged cannot be over $200 million. and when you consider how many injuries here it is not that much money but that is an ironclad law and now there is this pot of money, presumably all of it and the people who died and people who are injured, the courts will have to figure out how to divide it up. >> jeff appreciate it and sanjay as well. >> on the ground i'll speak with an ntsb board member who

has been on the seen and see what he makes of the message posts made by the engineer and what other information he has tonight. and a closer look at the safety system that may have prevented this deadly traemg. we talked about it withdrew. a slowing system is in place where the accident happened but only on the other side of the tracks. more on that, next. y would i stay in someone else's house? but this morning a city i've never been to felt like one i already knew. i just wanted to thank you for sharing your world with me. it felt like home. airbnb. belong anywhere. the citi double cash card. it's a cash back win-win. with 1% when you buy and 1% as you pay. with two ways to earn on purchases, it makes a lot of other cards seem one-sided.

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tonight's breaking news the ntsb said the engineer of amtrak train 188 has agreed to be interviewed. his lawyer said he has no recollection of the crash. and we're hearing so much about the safety controls. and drew joins us again. so drew what have you learned? >> this is coming from our transportation correspondent rene marsh and she's confirmed this positive train control system was on this track but placed in the southbound lanes

of the track behind me not the northbound lanes which would have sadly prevented this crash from happening. it is a sad irony of how this system rolls out. it is very expensive and time consumering and congress is try -- and congress is trying to kick it down the can supposed to be in place by december 31st of this year and this is terrible news for the family that it was just on the wrong side of the tracks anderson. >> do we know why it was placed on that side was that side of the tracks more dangerous or do we know? >> we do not know that. i imagine the ntsb will have that wrapped up in the report and in how and when this gets placed first and maybe it was just scheduled to do one side and they have to keep the trains moving while they work on the tracks and just again a sad

irony. >> very sad for the families when they hear that. as drew reports this hour there are a number of posts online by brandon bostian that question rail safety and call for this type of speed control technology. and one quote from 211 say i wish the railroads had been more proactive from the get go. and robert sumwalt joins me from the ntsb. it is good to have you on again. what is the latest on the investigation? where do things go from now? >> the engineer has agreed to be interviewed by the ntsb and we're looking very much forward to the opportunity of getting his side of the story? >> do you know when that will take place. because his attorney is saying

he doesn't remember anything at this point. >> well we expect that to take place in the next few days. but like we just heard, memory loss is traumatica from an event but memory loss could go back. but just going into the event, but just talking to him about how he approached his job, his level of professional level, his fatigue levels will all be helpful regardless of how we cut it. >> you announced the train went from 70 miles per hour to over 100 miles per hour in the seconds before the crash, at this point it is clear what could have potentially caused it to accelerate that quickly? >> certainly that is the big question to be answered. why did that train go from that speed up to over 100 miles per hour? we need to know that. and i point out that even 70 miles per hour -- well we'll --

yep. the speed limit through that there was 50 and he was doing 106 and we need to figure out why that was the case. >> and i understand you need to find any irregularity in the signs and signals, and not to speculate on this crash, and in other crashes, beyond human error, what else are the possibilities? >> well great question. and we have yet to conduct the brake examination of the train. we will be doing that in the coming days. all of the cars have just now been recovered, the rail cars. so we will be doing that. but generally, anderson we're looking at three broad areas, the human, the machine and the environment. and we'll focus on each of the areas and put everything on the table and start rolling things out as we learn more. >> are you -- you have been

aware of the postings from several years ago that appear to be from brandon bostian talking about the need for -- for safety systems to be in place? >> no i was not until drew's story there, so that is very interesting. >> is that something you would be interested in reading more about. because you said you are trying to get a profile of him, the way he approaches his job. is that something in the questioning phase that you would certainly like to have looked at? >> absolutely. i think that would help paint a picture of who this engineer was. and we want to know that. so we do look forward to the opportunity to interview him. >> well robert again, thank you for being with us under these difficult circumstances. robert sumwalt, thank you. up next the speed technology on the southbound side of the curve, not, as you heard from drew on the northbound side of the curve.

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more on our breaking news amtrak has identified they have speed track tell on the south -- technology on the southbound side not the northbound side. and tom foreman joins us with more on how exactly this technology works. >> it is about creating a matrix of information around moving trains out there and it starts with gps and that tells an engineer at any given moment where his train is and when you combine that with trackside stations that pass on information about switchings and crossings and other things you

can combine it all with things on the ground and put that into one simple graphic that feeds to the engineer showing him or her how fast he must get on the brakes to stop before reaching some sort of obstacle up ahead and if the engineer does not do that then all of that information through a computer system will take over his train and automatically slow it down or even stop it to avoid a problem out there. that is the positive part of positive train control, anderson. >> do officials have a sense of how many different types of accidents this would prevent? >> there was congressional analysis of this done and it was substantial. it could get rid of all of the train to train collisions and keep us from having switching errors where a switch has been changed and a conductor or engineer doesn't know it and get rid of the problem of work crews get run into by trains and more

importantly, stop the problem of a training going into an intersection or a turn too fast and simply coming off the tracks derailing. all of that should be stopped. but it will still only get rid of 2% of the collisions and derailments involving trains every year. this is an important 2% because it should include the catastrophic events but analysts have said all along don't forget it will do nothing to stop trains from hitting pedestrians or people in cars trying to cross the tracks and those are the accidents, though much smaller, that take hundreds of lives every year. >> tom foreman. and joining me now former ntsb safety director john goalia. thank you for being with me. the fact that the train went above 100 miles per hour seconds before the crash and then

decreased two miles per hour before the crash, what does that tell you. >> clearly either the conductor or the engineer move the throttles to make the train go that fast or something for the throttles went haywire. >> and how -- how easy is it to determine that? do we have your audio back? clearly we are having a problem. let me try once more. john can you hear me it is anderson? we are clearly having trouble with john's audio and we'll try to restore that and get that working again. john are you there? can you hear me? no we're clearly having trouble with this. let's move on shall we. just ahead tonight, a amtrak

train carrying 6,000 gallons of diesel fuel caught fire bringing attention to tankers that haul through small towns tonight and jeb bush taking another swing at reclarifying his position on the iraq war. has he finally put the question to rest and why did it take him so long? details ahead.

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wild within. in toad in milwaukee, an amtrak train caught fire. nobody was hurt. and in pittsburgh up to 15 cars derailed on a curve. most of the cars stayed on the track and no one was injured. tonight we are learning how much dangerous the philadelphia train could have been. and you can see how close it came to hitting other tankers. they were empty on tuesday but they are often loaded with explosive liquids. all of this with the threat of

bomb trains. we didn't make up that phrase. it is what people call those who barrel through their communities, hauling highly flammable cargo through their community. and here again is our senior correspondent drew griffin. >> every day thousands of rail cars caring tanker after tanker of bakken crude oil roll through the town and when accidents happen they can be devastated n. february in mt. vernon west virginia 107 tanker cars filled with crude oil from north dakota derailers and the oil cars split open and a fire ball erupted. miraculously there was only one

injure injury. >> a small community in quebec was not so lucky. it rolled free and went into down and exploded. 47 dead. >> i had the chance to visit it and noticed how similar the town was in many respects to my own village. >> karen is village president of barrington illinois supposed to be an up scale chicago communities where the biggest headache is the commute downtown but in the last few years a bigger headache has rolled into town the boom in domestic production of oil has led to more trains and more oil and more potential danger running right through barrington. >> you don't know on any given day what could happen, any given night. we have 10% of our homes within 300 feet of the tracks and a high school with 3000 students a few blocks away from the freight track.

>> darch lives near the tracks and what she and her town are preparing for is what has become commonly known as rolling bombs. >> yes. bomb trains. >> it is an issue that has plaqued small towns in increasing numbers. in the last two years there are ten accidents with trains carrying oil, in alice alabama, north dakota lynchberg, virginia and the problem magnified by the sheer volume of oil now rolling across the u.s. in 2008 less than 10,000 carloads of crude oil were carried on american railroads and that is all across the country. last year that number was close to half a million. and barrington don't need statistics to tell you that. a few years ago this rail line barely saw two trains a day and then the rail line was sold to canadian national and the trains began to roll. >> it is a huge danger if they

breech and there is a derailment in the heart of my town and there is a breech there could be a plume of flame high into the sky and oil burns, a lot of destruction into the center of town. >> the response from the government demand better tank cars sturdier supposedly less prone to explode and the cars in virginia were still new and still split open and into flames. the cause of that investigation is under -- the cause of that accident is under investigation. the safety administration said it is not the oil tanker it is the rail -- the railroad that carries them. government statistics shows that after human error, derailments are caused by one reason bad

railroad tracks. something the american association of railroad said they are determined to improve. >> we have invested billions of dollars and we'll continue to invest billion dollars to improve the safety. >> but just like that improving the tracks come with improving standards that are left up with the railroads to sky. no real government authority, said the administrator, and no real proof any of this is getting any better. which leaves towns like barrington illinois at a dangerous cross roads. >> anderson joins -- and drew joins us again. and if you look behind you see the oil tankers close to the wreck, aren't they rerouted around congested cities or train zones. >> they can try to do that.

i'll show you some video just about half an hour ago right over my shoulder. these are the oil tank cars rolling past the crash scene. and you can't reroute them around cities like philadelphia. the only thing the railroad administration is requiring is notifying local safety officials when the trains are coming through, basically, just giving them a heads up that they are there. >> it is interesting because i think a lot of people didn't realize that there is nothing much the locals can do about it. what about forcing railroads or oil companies to make the railroads safer or the tankers less likely to explode. >> it is difficult to force anything. the fra is going to require the newer tank cars any car made from october on to be the safer cars and there is a schedule for retrofitting the old tank cars.

as far as improving the rails, yes, they are trying to get the railroads improved and pushing them to put in the positive train control everywhere but these are strong suggestions and urging them to do it but unless the government or the cities come up with the cash to do so it is up to them to do it as they get the money to do so and that is where we are. >> and you were talking about how the positive train control was on the other side of the tracks and that is new information we just learned tonight. and i understand you have information as to why it was one side and not the other. >> yeah we were guessing and amtrak officials are now confirming the reason the automatic train control, not the positive train control, to slow down trains going from new york to washington, d.c. pass this

frank ford junction is because the trains traveling from new york down into the curve go much faster and so the threat was there they would enter this curve much faster and amtrak or the railroad decided we need to slow them down and have this in place and so it was in place southbound and did little for the northbound trains. >> and we mentioned this last night when i was down there with you in philadelphia but all of the safety system that was supposed to be put in place in law by the end of the year but there is pressure in congress to send that several years? >> yeah. there is going to be -- there was pushback. they are trying to extend it out another ten years. but money is a problem. just doing the work is a problem. but i think after this accident really they are going to push to get this deadline met, which is december 31st, 2015. >> we'll see.

drew. thank you very much. just ahead, what it was like for the passenger of on amtrak train 188 to hear the disaster unfold over the phone. she was talking to her husband when the train went off the tracks and you can imagine how horrific that was for her. and plus jeb bush flubbed big time and has he finally put the iraq question to rest and if so why did he stumble so badly with such a direct, obvious question? i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24, a circadian rhythm disorder that affects up to 70 percent of people who are totally blind. talk to your doctor about your symptoms and learn more by calling 844-824-2424.

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florida governor and potential presidential contender jeb bush has been struggling all week to explain his position on iraq. it starts in this interview with fox's megan kelly. >> knowing what we know now, would you have authorized the invasion? >> i would have. and so would have hillary clinton, just to reeverybody, and so would have everybody confronted with the intelligence they got. >> and the next day he would have tried to change his answer. >> and i interpreted the question wrong, i guess. i was talking about what was

given now. >> and so in other words, that decision would have been mistaken? >> he's taken quite a beating. finally today in arizona, the governor game perhaps the clearest answer yet. >> so here is the deal. if we're all supposed to answer hypothetical questions, knowing what we know now, what would you have done i would have not engaged -- i would have not have gone into iraq. >> now in the view of many considering his brother authorized the 2003 iraq invasion this is a question bush should expected and be ready without missing a beat but he flubbed it many times and the question is will this put this to rest. and joining me now, john clam.

given that it wasn't a echo in a wind tunnel how could he not expect it. >> he's change his position modified five time even if he didn't understand the question of course he knew coming in his brother would be a problem and sometimes in republican politics his father is the problem and any time he was asked about iraq you ask them where is iraq is going tomorrow and he wants to talk about where is iraq yesterday and when he hearted the words iraq if his goal was to say knowing what we know now i would not lay in if his goal was to make clear the difference with his brother, why didn't he do it out of the box. and that is why people are stunned by this. and it is amateur. and they think it is a

fundamental problem when he has problems and, make fun, but chris christie he is a stabbishment -- he is an establishment question. >> and do you believe it is a. family loyalty, b. he believed his answer. c, i'm not sure. >> you could go down the alphabet. if you talk to his staff, he will say he misheard the question. that only takes you so far. i think there is question one is loyalty to his family. as you point out. that is a big thing for him. and he is being tugged about how he answers things and he's rusty and by his advisers who clearly prepped him on how to answer

this question and he didn't take their advice. and as john points out, this is the first question they would prep you for, right? how do you differ from your brother on the war in hawk and if you had to do it all over do you think it was okay to come in. he should have had a clear none gussy answer and he didn't and he seems study coming out of the gate. >> and her point of him being rusty, that is a concern of those who support him, that he's been out of the game for quite a while. >> and part of his argument to the republican base is make me your nominee. you might disagree with me on immigration, because i support a path and make me your nominee because i can win florida and put states back on the map and make the road with latino voters andez trying to make the base on

big issues and then when you have politics 101 misstepped like this -- missteps like this a high school a kindergartener could have asked this where do you think you are on the iraq war, it is going up like against hillary clinton? >> and he sold -- he said that the president was his best adviser on the middle east. and if you are trying to differentiate yourself that is sort of an odd answer. >> it is a mixed message. he says out of the box i'm my own man. and then he appointed half of bush's foreign policy team. and they he said i go to my brother for advice on the middle east. and if you are going to make a cut and say i'm my own man, you ought to do it. look at how hillary clinton is

doing this. hillary clinton is saying you know my husband was wrong on don't ask, don't tell. she thinks maybe his prison policies were wrong but he's helping her out. >> and we should point out she's yet to give an interview. >> that is true. so we have to give jeb bush for being out there and talking to the media. but bill clinton is helping her, i have to reevaluate this or that. and he was for nafta and we don't know where she is on trade. he is helping her along on this. we don't know what w. will do and i agree, i will applaud jeb for at least talking to the president, gloria borner john king thank you very much. >> and this man who escaped with injuries was on the phone with his wife as the train ran off the rails. details ahead. ve it around. now that i have a tempur-flex, i can finally get a good night's sleep.

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many passengers who survived the train cash and talked about the chaotic scene. one woman was not there but her husband was and they were on the phone when it happened. >> this is one of the survived. duy nguyen he is grateful to be alive.

he takes the train a lot because he lives outside of northern new jersey. >> i like to take the train. it is comfortable, productive. can you get work done. >> he likes to talk to his wife amy while on the train and say hi and talk to his young children. >> it just so happened he was on the phone with her and the train came off the tracks. >> the thought, it crossed my mind i think we're going to crash and i probable couldn't say it. what it was or came out of my mouth at that moment i don't remember. it might have been oh, my god, or something like i don't know but the sensation was that i was airborne somehow and landed on the other side of the aisle. >> amy didn't hear her husband say anything. she was living a real life nightmare, eavesdropping on a horrifying situation, helpless to do anything. >> suddenly i heard a loud noise of some sort i couldn't identify what it was and then he

wasn't on the phone any more. we still had a connection. so the line was live. but nobody was responding. and i definitely heard a lot of chaos and commotion, a lot of movement people yelling. i think a few times i heard people say are you all right, are you okay and i was yelling into the phone, hello, hello, is anybody there and there was no response. >> as his known flied, amy was stunned and panicked. >> and you didn't know if your husband was alive. >> i had no idea. >> she called amtrak police and were aware of the crash but had little information. she waited for her husband and then he called on a borrowed cell phone from outside of the train. >> and i said are you hurt. and he said a little bit bleeding and i said where are you bleeding and he said my head is bleeding. he gave the phone to someone

else. >> she started driving to virginia and it wasn't until the early morning hours when she saw him in person that she knew he would be okay. >> did you have time to give him a hug. >> briefly, i wasn't moving very much. >> i don't know if it was a hug, it was like a peck on the cheek, he was in a lot of pain i didn't want to make it worse. >> they have now returned home and he'll have follow hup treatment with his -- follow up treatment with his personal doctor. >> you take amtrak a lot. will you continue taking amtrak? >> i don't know. i'm inclined to say at some point i probably will. >> but you're not ready for it right now. >> i'm not ready for it right now. >> he is a professor in the school of social work and his expertise is the mental health of elderly asian-americans so he was welcomed to a white house sponsored conference on asians

and pacific islanders and now he is grateful to be home with his wife 10-year-old son and 6-year-old daughter. >> let's hope he gets well quickly. thank you for watching. mike rowe's "somebody's gotta do it" starts right now. i'm mike rowe. and i'm on a mission to find people on a mission. >> on a scale of 1-10, how much do you like what you do? >> 25. >> what are they doing? >> how are you doing it? and why? >> i love to make things that make people smile. >> it is very freaking exciting! >> come on. we're not