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BNSF to pay $4M in Anoka MN crash judgment
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<P mce_keep="true">[quote user="tree68"] <P><FONT face="comic sans ms,sand" color=#003300>I think the word "presumption" comes into play here. </FONT></P> <P><FONT face="Comic Sans MS" color=#003300>We know we're supposed to stop at stop signs. We also know that not every intersection has a stop sign, at least not controlling traffic in the direction we are travelling. We would therefore presume that if we are travelling down the road and see no stop sign that we have no duty to stop (local familiarity notwithstanding). </FONT></P> <P><FONT face="Comic Sans MS" color=#003300>That would be despite the fact that there is normally a stop sign at that location that would require us to stop, however it was taken down by some event or another (vandalism, a previous accident) and had not yet been replaced.</FONT></P> <P><FONT face="Comic Sans MS" color=#003300>So too it could be argued for railroad crossings protected by lights and gates. If the lights and gates aren't activated, it can be presumed that there is no train approaching thus no need to stop. This is why crews are notified of malfunctioning crossing protection and must cross at reduced speed, prepared to flag, or some cases required to do so.</FONT></P> <P>[/quote]</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=verdana,geneva>I believe your example of the missing stop sign would be accurate, however I believe the analogy you make between your stop sign example and railroad crossings protected by lights and gates is incorrect.</FONT></P><FONT face=verdana,geneva> <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p></FONT> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=verdana,geneva>In the grade crossing example you cite, there would not necessarily be a requirement for the driver to stop, but there would be a requirement to yield.<SPAN style="mso-spacerun: yes"> </SPAN>Yielding requires the driver to slow down if necessary and to be able to stop short of the crossing if a train is approaching, and to look in both directions to make sure no train is approaching before proceeding across.<SPAN style="mso-spacerun: yes"> </SPAN>If visibility is short, the driver may be required to actually stop short of the crossing to make sure it is clear to cross.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA"><FONT face=verdana,geneva size=2></FONT></SPAN> </P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA"><FONT face=verdana,geneva size=2>This requirement for drivers to yield is commanded by the crossbuck at signalized crossings 24 hours a day, no matter whether a train is approaching or not, and no matter whether the signals are activated or not.<SPAN style="mso-spacerun: yes"> </SPAN>This is because the crossbuck is equivalent to a YIELD sign.</FONT></SPAN></P>
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