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  • Teen sues after losing legs in train accident

  • For topics on Class I and II passenger and freight operations more general in nature and not specifically related to a specific railroad with its own forum.
For topics on Class I and II passenger and freight operations more general in nature and not specifically related to a specific railroad with its own forum.

Moderator: Jeff Smith

 #1440123  by Gadfly
 
Trespassing? WHAT was he DOING on[i/] the track to begin with? The tracks are NOT a public highway for the free "enjoyment" of same! :( YOUR safety responsibility is YOURS, and YOURS alone. While I sympathize with this young man on his loss, the responsibility is HIS and HIS alone! "Walking along with headphones"??????? And he expects a train to HEAR him with whatever volume HE has chosen??? The absolute lack of gray matter, even common sense, is just
so discouraging! THIS is the generation that we must leave our nation to??????? :( 0( Worse, it is OUR FAULT for abdicating our responsibilities as parents. We have taught our children, as a whole, that everything is someone else's fault, someone else's problem, and we should be PAID for our mistakes even if the cause of the accident is ours, and ours alone. How sad that we now are expert "blame shifters" and expect innocent people to PAY for our stupidity. Our society thinks the mean old railroad has "deep pockets" and is responsible for US! If I were a railroad CEO, I'd fight this with all my being on PRINCIPLE!

Sad, but some liberal jury will succumb to sad eyes and 'poor' widdle feller in a wheel chair and make him rich! Cadillacs for everybody!!!!! :( :(

GF
 #1442626  by FLRailFan1
 
I heard of morons suing railroad companies because of their own stupidity. I heard in Maine a few years ago, three families sued PAR because the teens were sunbathing on a railroad bridge and fell asleep 2 of the teen got killed and the other teen lost her legs. Another family sued another railroad because the railroad didn't tell them trains used the tracks. Their teen played on it with his ATV when a train killed him.

When CSO started operating, I took some pictures of them switching the East Hartford yard. While I was taking photos, a mother with 4 kids (and I think she was about 26) asked me to tell them to stop, so they can cross. I told them to cross the tracks at the street crossing, but the lady told me they cross here all the time and they have the right to. I told her she was trespassing and she could be arrested or killed. She didn't care...oh well, you can't fix stupid.
 #1442631  by Gadfly
 
I truly do not understand people's thinking! There is, somehow, the perception that the railroads are owned by the government and the taxpayers fund the railroads. Thus, idiots think that they own them. Aside from that, they also don't recognize the danger that it LOOKS like (to me) they would know with their own eyes, ears, AND feet. Regardless of who they think owns railroads (they are private companies), they should SEE that trains and tracks are dangerous and stay away. They don't! :( As a retired railroad employee, having been IN the cabs of freight and fast passenger engines, I cannot describe the horror of watching someone walking on the tracks oblivious to our presence, or seeing someone racing us to the crossing determined to beat us. It is the most helpless feeling! :( We can't do anything about it; we can't stop quickly. I've seen big burly engineers sitting on the steps of their engine with big tears in their eyes after having hit a car that had small kids in it. We are NOT heartless brutes.

I HATE that the teen in the story lost his legs, but I also cannot ignore that it is NOT the railroad's fault. The accident is clearly HIS fault and no one else's. if the railroad were to pay him something, the it should be only out of compassion, not by being sued for something for which they are innocent. On a jury, I would NOT punish the innocent and reward the GUILTY!

GF
 #1442647  by mmi16
 
Gadfly wrote:On a jury, I would NOT punish the innocent and reward the GUILTY!

GF
Unfortunately that is not the way the cases get judged, in spite of the law. Witness the family's suit against CSX in the death of their daughter in the movie incident at Doctortown, GA on the Altahama River Bridge. Movie company had permission DENIED TWICE IN WRITING to occupy CSX property, yet the award found CSX contributory. Of course, among those sued - CSX was the only one that had any money.

I seems that if you are involved and 'have money' in these suits that the jury expects you to be relieved of some of your money - no matter how negligent and the cause of their own situation the party is.
 #1442756  by Gadfly
 
As well they should! :( It makes me MAD that people think the source of our livelihoods is some mean old villain just waiting to run over some poor, poor idiot without the brains to make capable judgements for themselves. If I were a CEO, especially on cases such as brainless fools who think they are "entitled" to something because they made a STUPID decision to TRESPASS on PRIVATE property. I'd fight 'em to H*ll and back!

These FOOLS they call 'judges" forget that if I break into someone's house, for whatever reason, the police will catch me if they can. These STUPES are breaking into the railroads' house by BEING on their property to begin with. Sorry, but right is right and wrong is still wrong. If it were up to me, they'd not get ONE thin dime due to cockamamy lawsuit! :(
 #1445777  by MCL1981
 
Logic doesn't apply to anything anymore since the concept of personal responsibility went out the window. When they started giving out participation trophies to the teams that lost in little league, and pretending everyone is right when they're wrong so as not to hurt their feelings, it was all over. I put a dash camera in my personal vehicle, and it's recording the moment I turn the key. If some idiot strolls out into the path of my moving vehicle, whether in another vehicle or on foot, the video will not lie. The feral children or irresponsible adults can claim whatever they want.

If I drove a train, I would probably carry my own dash camera in the train just for BS like this. The company's camera wasn't working, and now these poor guys are on the hook for someone else's lie.
 #1446557  by Gadfly
 
MCL1981 wrote:Logic doesn't apply to anything anymore since the concept of personal responsibility went out the window. When they started giving out participation trophies to the teams that lost in little league, and pretending everyone is right when they're wrong so as not to hurt their feelings, it was all over. I put a dash camera in my personal vehicle, and it's recording the moment I turn the key. If some idiot strolls out into the path of my moving vehicle, whether in another vehicle or on foot, the video will not lie. The feral children or irresponsible adults can claim whatever they want.

If I drove a train, I would probably carry my own dash camera in the train just for BS like this. The company's camera wasn't working, and now these poor guys are on the hook for someone else's lie.
And CSX shouldn't be on ANY "hook" at all. If I break into someone's house, I am TRESPASSING along with other criminal charges. It is ILLEGAL to trespass on railroad property, ergo the kid (and any other person who encroaches there) was violating Federal laws. I sympathize with his plight, but it is NOT the railroad's
place to REWARD stupidity. :(