A Charleston-based prosecutor has closed another chapter of the investigation into the miniature train accident in Spartanburg. The prosecutor, assigned to the case to avoid a conflict of interest, told local authorities this week that they should not file criminal charges against the conductor of the train. The train accident last March resulted in injuries to almost 30 riders; one boy was killed.

The train was traveling almost three times the recommended speed when it rounded a corner and derailed. Immediately following the accident, the conductor admitted he had been driving too fast. He later retracted the statement.

According to the prosecutor, exceeding the recommended speed was negligent but did not rise to the level of reckless disregard. The official charge, reckless disregard for the safety of others, is defined as more than negligence or carelessness, the prosecutor explained in her report.

For a person to be charged with reckless disregard, the prosecutor must have evidence that he acted without any interest in the consequences of his actions or the rights and safety of others, the report says.

Negligence, on the other hand, is commonly defined as the failure to do what a reasonable person would do under the same or similar circumstances. The prosecutor said the conductor's actions fell into this category -- investigators found no proof that alcohol or drugs were a factor, nor was there any evidence that he intentionally caused the accident.

The report does add that the prosecutor found evidence that training and guidelines regarding the operation of the train were lacking.

News outlets report that at least one lawsuit has been filed against the county and the state. Others may be in the offing, but the state's cap on damages in suits against the government poses a significant hurdle to victims' hopes of having their medical expenses covered.

Source: WSPA.com, "Train's Conductor Negligent, But Not Reckless; No Charges," Graeme Moore, 07/19/2011