your boat. pass around un2i8til you find it, make it yours and pass it on. >> thank you for your big brain, your boundless knowledge. really good. it's really good. this is cnn breaking news. >> this is cnn tonight, i'm don lemon. it's 10:00 p.m. here in philadelphia where investigators have started interviewing passengers from the amtrak plane and the engineer also agreeing to talk to the ntsb. investigators have completed 3d scanning of the two most damaged cars on the train, all the cars have been removed to a secure location in delaware another body was discovered to the wreckage and that brings the death toll sadly to 8 in this

accident. all 243 people thought to have been on the train are now accounted for. engineer brandon bostian has said no recollection of the crash itself. so they have been digging into the background of this engineer and getting more details for us. and drew joins us now. so we understand that he has agreed to speak. what does this mean for the investigation? >> they discussed today the speed of the train, which just before the curve, he was going 70 mile-per-hour up to the actual crash where he was going 106 mile-per-hour. clearly he was accelerating into this curve, nothing wrong with the train, nothing wrong with the track, nothing wrong with the signaling. so now they're looking at who

was driving the train and that was brandon bostian. >> and that acceleration happened -- >> that's right up to 65 seconds before up to right before they left the tracks when he applied the emergency break. >> i'm going to speak to oo member of ntsb but what does this mean about brandon bostian posting about safety. >> he was in a job that he absolutely loved. he was a train enthusiast all the way back to high school when he wrote about it. and he was blogging about the safety of trains. and after an accident that involved an engineer that was texting while driving a train, he was writing about the exact safety control system that we're talking about sadly in this accident. he said in any point over the

previous 80 years, the railroad could have voluntarily implemented some form of this technology on the line and instead, it took an act of congress to get them to do it. the reality is they've had nearly 100 years to mitigate a system human error but with few notable exceptions have failed to do so." he knew about safety systems. this was not a reckless guy. >> i'm wondering if that speaks to the frustration of people inside of amtrak perhaps. >> i think this is a lot of things that will come out in his ntsb interview, if he's honest. and he will be allowed to have his attorney with him for that. >> didn't you speak to a former

worker. >> he was on the very same route with brandon bostian for hundreds of rides and there was nothing in all of that time that he ever saw anything that was alarming about this engineer's behavior behavior. >> okay. so we'll hear from him a little bit later on. but drew thank you so much. we have more details now about the moments leading up to this crash in philadelphia this deadly crash. here is what the ntsb member told me earlier. so robert when are you going to be interviewing brandon bostian? >> we're very excited that he's agreed to talk to us. we plan to do it in the next few days. >> is it unusual he hasn't been interviewed yet? >> no it's not unusual at all.

you have to understand he's been through a traumatic event and we want to make sure they're mentally and physically able to do it. >> he says he remembers controlling the controls and then all of a sudden looking for his bag outside of the train. are you concerned he won't have recollection of the event? >> it's not unusual that they don't have an immediate recollection of the event. we hear that all the time. so that's not unusual. the brain is trying to protect our memory of bad things. we think his interview will be invaluable regardless of what he recalls. because he can tell us how he was feeling the day of the trip and his general physical condition. >> he will hopefully help you connect the dots. because even though it is a science, you have the black boxes, you still have to interpret the information.

it's not going to tell you at this point he did this and at this point he did that. >> that's correct. >> what have you gotten from the black boxes? >> we've taken a good look at them but honestly it requires a lotof init wereitation and analysis. >> so how long do you think before you can get that information to analyze it? >> we're analyzing it as we speak. all together our investigation will probably take 12 months but we will open the public docket at some point. so all of the factual information is available to the media and to the public. >> i don't know if you saw them but he was posting on industry or train forums that amtrak didn't have the newest and latest technology that would

help for safety. are you looking into that? have you heard about that? >> absolutely. positive train control is a technology designed to prevent derailment accidents due to speeding and what we have here is a derailment accident due to over speeding. >> but specifically are you looking into the possibility that he was posting on the forums and discussing issues? >> no we haven't. we will talk to him and get his viewpoints. we have several more days here on the scene. a lot of the physical evidence on the tracks has now been removed but there's still a few signals we need to check and the train cars themselves will be examining them in a secure facility. there's a lot more work to be done here locally. >> there's some video we got exclusively, i'm not sure if you

were able to see it on the air, it shows an explosion that happened that time of -- were you able to look at any of the video of this large explosion? >> i personally haven't seen that video. >> 100 yards away from the curve and it shows when it's going into the curve that there's a large explosion. what would that tell you? >> we want to piece all these pieces together so we will be looking at that and looking for surveillance video and those types of things and so that's just going to be another piece of the puzzle. >> so you have video yourself correct? >> we have forward facing video camera from the locomotive. >> so what have you been able to piece together from the video you have? >> what it's told us is that in addition to the actual recording looking out the locomotive wind shield it also have speeds

listed on there. so we can see what speeds were at various points as this train approaches the curve. >> i think it shows speeds in the 70s and 80s and gradually up to the 106 that you determined up to oo minute before the crash. that's a pretty fast excelerationexcel acceleration into a curve? >> well it shouldn't have been going any faster than 50 miles per hour into the curve. >> and in the straight aways? >> over 100 miles an hour. >> that's really at the top of the speed 2 should haveit should have been going anyways, right. you backed away from the comments of the mayor. do you and the mayor have any sort of -- is there an issue between the ntsb and the mayor because of the comments? >> absolutely not. we actually just hugged each other about 20 minutes ago.

he's explained those comments. the ntsb we don't want to prejudge the investigation we want to make sure we're conducting a very thorough investigation and i want to applaud the city of fillphiladelphia and the mayor's office itself in cooperating. the time line is probably not going to be on the time line that the media would like. but we're going to do it very methodically and when we do it we want to do it right. >> thank you. so joining me new exclusively is stephanie mcgee, she's a friend of the engineer brandon bostian. when you found out he was the engineer on the train, what was your reaction? >> i was shocked. i was heart broken for him just knowing how much he loves this

job and how much it means to him is devastating. my heart is broken for him and his family and the families that lost people on the train. >> from everything we've heard about him, he really wanted to work with trains for quite some time now. tell me about that. >> yeah. that's something that anybody that's known brand will tell you first thing he loves trains and love might be an understatement. something he's always talked about. as a 17 18-year-old boy, he would come back from family vacations with souvenirs of subways and the trains he took. he didn't talk about the places he talked about the trains and he brought a subway map into the office one day and so excited he had an old subway map. he's always had a love of trains and this is his dream job to be

able to drive trains for amtrak. >> have you spoken to him since this? >> i haven't spoken to him since the incident. i wished him happy birthday several weeks ago on facebook and he responded in his normal humorous self and that's the last time i spoke to him. >> what do you think hap snndpenedhappened? do you have any scenario you think could have happened here? >> i couldn't think of anything. and i'd hate to hypothesize what happened. but knowing the type of person he is he wouldn't do anything negligent intention a el. i'm certain he did his best and that he's devastated this happened and there's no doubt in my mind that he did any of this intentionally. >> you're his friend, you're

speak out. what do you want them to know about him? >> i've seen a lot of things that are unkind to say the least. he's a good decent person. i can't -- like i can isaid i can't imagine how difficult this is for him and how devastated he might be. but he's a good funny, quirky guy, knowing him 15 years ago and knowing him since, he's just a sweet heart of a guy. so my heart breaks for him. i hope so very much that truth comes out and all is well for him. >> thank you, we appreciate you joining us here on cnn. >> thank you. >> we have much much more to come here in philadelphia on this amtrak investigation. the attorney for brandon bostian says the engineer has no

recollection of the crash. could the tromaauma of his injuries effect his memory of the crash?

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welcome back to our breaking news coverage live in philadelphia where engineer brandon bostian has agreed to speak with the national transportation safety board. his attorney says his client has no recollection whatsoever after

losing consciousness in the crash. sanjay gupta, our chief medical correspondent. i want to read to you what the attorney had to say about his memory. >> he does not remember pulling the emergency break. we know it was inl fact deployed. the next thing he remembers is getting his back andcology calling 911. >> so, is is it possible for him to remember all of that but not the derailment and how it happened? >> it is possible. and of course weir rer going by what his lawyer said there but there's post traumatic amnessau. you think of it as forgetting things in the past but there's also ant rograde amnessau.

so you could have what are knowns as islands of memory. you remember certain things but you don't have continuous memory. you hear about football they take a concussion and perform a complicated play but if you ask them about that play the next day, they may have no recollection of it. it could be a similar sort of thing. >> how long can this sort of amnesia last? how long can this last from a concussion or a trauma like this? >> well if he has no other preexisting medical conditions and we haven't heard that for sure yet, if there was some other medical condition involving his brain that played a role here if there's none of that usually within days or at the most weeks you should have what is called continuous memory

returning. it is possible it can go longer than that. almost everybody with a concussion has had some degree of memory loss but it almost always comes back. >> does it matter when someone is interviewed? usually i think officials want to know want to have someone have the memory as fresh as possible? >> this is such a fascinating area don. and you're absolutely right. there's a lot of logic behind trying to get information as quickly as possible while the details are fresh in their mind. so it doesn't became like a game of telephone and it becomes disorted and dist orted. and they will say, what kind of day was it was it sunny, was it rainy? trying to get the person back into the particular frame of

mind that they were in before the event started. what comp lktslicate complicates this though don, is if he has amnesia to the event, then the memories aren't there right now. and they are likely to come back but that complicates things sthings. to you point, you want to get the information as quickly as possible but in this case, it may not be as easy. >> and we'll be learning more about amnesia because of this case. thank you very much. >> you got it. >> well today, attorneys representing bruce philip a dispatcher has filed what is the first lawsuit over this derailment. he was commuting to new york city when that train crashed and

he is surfing from brain trauma according to his attorneys. my first question is how is he doing and what happened to him? >> he was actually an employee of amtrak a dispatcher and he was on his way to new york to work. he was riding in the last car on the train when this terrible collision, the derailment all the cars are being thrown up in the air and he was propelled and the next thing he remembers is waking up at temple university hospital? >> you're saying multiple conitution and lacerations to the body correct? >> yes. he was still undergoing diing a nost diing a nostic treatment. >> how are they negligent? >> anytime that the train is operating twice the speed of the

restricted speed in that area this isn't just negligence this is way beyond what any train can be doing at any time. this is horrendous and you have to remember a train is going into a curve. so you're speeding up going into a curve, instead of slowing down going into a curve. >> you're saying they are liable for failing to provide necessary and appropriate systems to slow and or stop the train. >> it was going in excess of 100 mile-per-hour on that curve. there's been a lot of discussion about positive train control in the media, congress implemented this program and it's supposed to be completed in a various numbers of years and amtrak has done that on much of its property but not on this curve. and it's designed to stop the train if the engineer is going

to rr fast. >> and ntsb says they haven't had time. i mean to many people filing it now is too quick. >> we have represented rail employees and their claims are covered by what is called the employer's reliability act and they're not to be compensated by their employer. so this is to move this forward so this man is not without compensation during the period of time he will be out of work. and we want to be involved in discovery early. most likely it will be in federal court in philadelphia and we anticipate the ntsb

report will be done in a matter of months. at this stanlge amtrak still hasn't to answer the complaint. and we're familiar with the defense counsel and claims department. >> and you've won? >> multiple times. >> in similar situations? >> similar but not, obviously a crash of this magnitude. we've represented freight employees in smaller crashes. >> under the federal employers liability act, he can sue for his past and future wage loss as well as pain and suffering. but we also v one where it allows him and his wife to pursue claims. >> we received a number of calls from other passengers that we

have not met with. and their claims will be similar. you have devastating injuries and deaths and then you have the less minor claims. but we anticipate all the cases will be consolidated and there will be lot of coop rashz betweenbe cooperation between the various counsel. >> and please send our wishes to all the families that have suffered. >> why did this train go from 70 mile-per-hour to more than 100 in just over a minute? out of 42 vehicles based on 6 different criteria, why did a panel of 11 automotive experts name the volkswagen golf motor trend's 2015 car of the year?

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back now live in philadelphia where investigators are learning more about before this amtrak train derailed. and we want to bring in the director at the university of delaware. and cnn safety analyst joins me

and former amtrak employee. my first question is for you because you spent 36 years on the tracks for amtrak. and the train went from 70 mile-per-hour to over 100 mile-per-hour in just over a minute that's pretty fast head nothing to this curve -- go ahead. >> that's not really fast when you consider that's an electric locomotive. electric locomotives accelerate extremely fast. i ran diesel locomotives and it took forever to get up to speed. that's the advantage and why you're able to do so much on the northeast corridor is because they accelerate fast. >> i wasn't saying he should be accelerating into oo curve, i'm just saying it's not unusual

for it to accelerate that fast. if you were going out of a curve and attempting to accelerate a train, yes, that would be very good if you could get the train up that fast that quickly. >> allen, go ahead. >> okay. i was just commenting that that's an acceleration rate of a half mile a second which as he pointed out is not an unreasonable acceleration rate for this type of equipment. >> but that is unusual to be accelerating at this rate of speed go nothing to a curve? >> absolutely. >> it would be unusual to be accelerating going into a curve, for sure. you should be slowing down and not increasing speeds. >> that's what -- >> yeah. and i think it has everyone confounded. let's look at this and that's what the investigators are going to be looking into.

because he has no memory and nobody knows why the train was accelerating p. and this footage is from aa tow truck company right by the scene of the crash and what does this tell you? it looks like an explosion. >> you have arcing. you have the catinary tlirts high voltage electricity from which the electric engine draws its power and just like if you were to stick a knife in your electric socket you would get an explosion there too. same principal. >> david. >> well its a lot of electricity going through there and current as well. because the electricity it comes from the mount of electricity that can move through those connections. so that's where the power is coming through and when it's shorted out, that's a lot energy being expended there.

>> dug, you know people who know brandon bostian -- you know people who know brandon bostian, the engineer that control of this train. how do they characterize him. >> i've heard from a kep couple people that knew him. i worked north from rich noond washington and he worked from new york down to washington and we would spend two to three hours together. i personally don't remember him. i know people that knew him and you have engineers who are good dependable engineers and the crews have a lot of confidence in him and he's very highly spoken of. it just -- you have engineers that you dread working with or you have conducters that you dread working with if you're an engineer but he was very highly thought of and i know that doesn't mean an awful lot in a situation like this but i like

to be referred to as a good engineer and people who have referred to him have also reafford him as a good injunire which makes this even more puzzling. >> and you've been hired by the government to study these issued allen, is that correct? >> well i have been hired by the state of pennsylvania to really address the issue of rail safety from the 10 car safety point of view. i have not had an opportunity to speak to the state in terms of the passenger operation. so my current 47 the state of pennsylvania is for 10 car safety. however, i do engage in research for government agencies such as the federal railway administration in railroad safety derailment safety areas of that sort. >> yeah. gentleman, thank you very much for joining us.

we'll continue to talk more about this on cnn. but coming up less than 48 hours after 188 derails, a train in pittsburgh derails. is train travel safe? we'll be right back.

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back here live now in fill del deflia. another body found in the wreckage just today. and mean while, a freight train derailed today outside of pittsburgh no injuries reported in that incident. so what is going on here? how safe is train travel? >> reporter: just two days since the tragic crash in fill delphiladelphia philadelphia another amtrak train involved in what could be a serious incident. no injuries. in pittsburgh today a freight train derails, just a cupouple of the latest incidents that make

people wonder if trains are safe at any speed. are you concerned at all ever about riding a train? >> overall, no i think it's a pretty tightly run system. >> reporter: does it worry you at all? >> no not at all. >> reporter: the washington post found that accidents due to track problems have fallen by 2/3 since 2000. whereas human error has halved that. >> very few incidents. >> reporter: for instance the american enterprise institute found that amtrak's passengers get injured 58 times as much as french railroads. >> we're living off the greatest

generation infrastructure and we have done nothing to honor that investment. >> reporter: there are also concerned about freight trains. two years ago, a run away train with cars carrying crude oil went off and the fear is something like that could be repeated here in the u.s. a houston chronicle investigation found little government oversight when it came to texas oil transported by trains. and excessive speed is a big factor in the crash. so how many more incidents like this before they are ready to invest in train safety? >> i want to bring back in cnn's safety analyst. and he has been joining me

throughout this time we have been covering this. you heard in dan simon's story talking about government oversight and regulation. should there be more? should we be paying closer attention to what happens on the rails? >> it's very unique. it's not like with the fa wrarksa where the government has authority over it it's more like amtrak is a government agency. so, they can write regulations for themselves and for the other railways. so it's very unique situation. the supreme court just upheld that even though a lower court had said that wasn't true. in just march of this year the supreme court upheld that decision and that they have the right to right these regulations. so things like are the safety standards high enough?

do we need seatbelts? did they get there on time? are their rates good? all of that stuff is regulated and can be by amtrak itself not a it separate government organization. and that has pluses and minuses. i see the issue of duty time for engineers. they're work a lot of extra hours phour s s. and their union, they've been really pushing to try to get some regulations in place for the hours. but it's like the fox with the key to the hen house. who's writing the regulation and what's the benefit of it? >> they're making their own rules. coming up you put your life in the hands of strangers, really every time you board a train and even a school bus. so how do you know that you're

safe when one person holds your life in their hands? .

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back now live in fill del philadelphia

philadelphia we don't yet know why it derailed but we do know it was going more than twice the speed limmet for that curve. under scrutiny, the actions of one person and that's the engineer. 32-year-old brandon bostian. joining me now is a psychologist he's president of omdore and associates which does psychological screening for peoplepeep agencies including transportation. it can be very hard for many of us most of us to accept that no matter how much we try to be in control of our own destinies and actions, we're still vulnerable to the actions of a random stranger. do you agree with that? >> exactly. and one of the fears of people who have the phobia of flying rits not so much the altitude

it's that my fate is in the hands of one or two people in the cockpit. >> so we don't know if he actually did anything wrong in this if mr. bostian did anything wrong as the engineer of the train but all of a sudden the pressure is on him to fix it and to talk about what happened. so how do people cope with the actions of someone else? how do you cope with that? how does he cope with that? >> it all depends on what happened. if in fact he had some lapse of consciousness if there's some underlying medical condition he was aware of or not aware of then he's going to have to cope with a lot of guilt, frankly, if he did everything by the book, he's going to feel a lot of survivor guilt of the deaths.

>> and he has amnesia, that he can't remember anything from the time of the crash to where he started looking for his luggage and phone and dialled 911. does that seem plausible to you? >> it seems absolutely plausible and credible. if he had a head injury sanjay was talking about retrograde and that indeed like sanjay said it can and typically does clear up. so, it may very well be that in the days and weeks ahead, he gets his memory. and there's something that happens with people who have amnesia, they can construct false things p sthings. so frankly, the fact that he has an attorney could lead to a

better outcome. he won't be confabulating, building memories that are based on accusation rather than actual factual recollections. >> and we don't know if there will be a criminal trial but as you said it could help that he does have lawyers and that he's doing it in this way rather than just being pepered. and i want to ask you about something, about doing the routine over and over and over again. and as people have been saying you get home and you're in your driveway and you're like how did i get here? could he have forgotten what part of the track he was on? or it is so routine that he forgot where he was? >> there's a number of different

things and signals to detect there's a lot going on in the engineer's cab seo, it's a little bit more complex than what happens in a car when we just kind of a wake up in a driveway. and the instance of fatigue was brought up. medical literature sites that it was linked to two things fatigue and medications that they were taking. which reminds me of the staten island crash in 2003 pain killers were involved in that crash that killed 11 peep. >> we don't know if he was on any sort of medication. >> we don't. >> thank you. we'll be right back.

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