Nice thought, but it does not work. Restricted speed is a speed not exceeding 15 MPH, looking out for any possible condition. If he ran off the rail, he violated restricted speed. Period, end of report. Even though there might be mitigating things, bottom line is Restricted speed was violated.
Bottom line is he did not stop in time. Sorry Kids thats the way the rules work. Like when engine 160 ran away, several things went wrong. First a valve was installed upside down on the Engine, allowing the brakes to bleed off. Second, there was a temporary derail at the exit from the yard, that the engine crushed. However if the crew had followed the rules, the engine would have been tied down, and wheels chocked, and the train would not have run away. FRA faulted the crew for not applying the hand brake, and not chocking the wheels, despite the other reasons.
A speed not exceeding 15 MPH while looking out for Train, obstruction, switch not properly lined, derail, crossing protection out of order, while looking out for broken rail.. and I know I missed at least one.That was some derail by the way. So we have switch not properly lined, broken rail, and derail. Unless there was a catostrophic failure of the brakes. Not attacking anyone, worked there almost 34 years. Just telling you the way it works.
Marty, It runs on steam!