Whenever the Indiana department of transportation, in the investigation of an accident involving loss of life, concludes that the accident occurred on account of the violation of the printed rules for the operation of trains, as required by section 1 of this chapter, by an officer or employee of a railroad company in this state, the department may, if the neglect of duty or violation of the rules is flagrant or has been brought about by the intoxication of a person while on duty, report the person to the prosecuting attorney of the county wherein the accident occurred for prosecution.
IC 8-9-1-4