http://www.ajc.com/news/local/gwinnett-teen-suing-csx-after-train-accident-severed-his-legs/7dZ7chCn8NWgkFey0GIPCL/
"Ohl was walking along the train tracks with earbuds in on March 2 when he “sensed,” but didn’t hear, a train approaching behind him, his mother wrote on a GoFundMie page after the accident.
Ohl’s lawsuit claims the CSX train did not have a properly functioning front-facing camera, preventing the train’s engineer and conductor from seeing Ohl in time to avoid hitting him. CSX also did not put up fencing or other “warning devices” to keep pedestrians a safe distance from the tracks, the suit says.
Ohl was at least 1,000 feet from the train when Marshall and Martin first saw him, but they did not ring the train’s bell, blow the train horn or apply the emergency brake before hitting Ohl, the lawsuit says.
It took half a mile for the train to come to a complete stop after hitting Ohl, Lilburn police said at the time of the accident."
Trespassing on private property, but, what camera and why would have it made any difference? I would have to believe the engineer and conductor would spot someone on the tracks before a camera, or is that just another reason to find fault with the railroad?
"The true sign of intelligence is not knowledge but imagination."-Albert Einstein
http://gearedsteam.blogspot.com/
I'm not sure what difference the camera would make either - it's not like the crew is watching a display of what it sees... If there had been a camera, it probably would not add anything to the teen's case - more likely it would help the railroad.
Bell and horn will be on the "tape," whether the teen says he heard them or not. Maybe they didn't sound them - we shall see.
What's not mentioned is whether he was wearing headphones or earbuds, which would have diminished his ability to actually hear either the horn or the bell.
And once again, we have the public believing a train can stop on a dime, and being incredulous that it cannot.
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
He was wearing earbuds according to the story. He says he felt the train approaching, but did not hear it.
Euclid He was wearing earbuds according to the story. He says he felt the train approaching, but did not hear it.
Missed that. But - it would explain why he didn't hear the bell, and very likely why he didn't hear the horn.
Be sure to listen to the 911 call made after the accident, as the operator plays 20 questions with a kid who says his legs have been cut off. Something is weird here but I can't put my finger on it.
Apparently the police report says he was lying down with his legs draped over the rail.
So, the railroad is being sued because the boy did not know that it is dangerous to walk on a railroad track? In this case, ignorance is not bliss.
I am reminded of the woman who was running on the FEC track and listening to something drowned out the horn of the FEC locomotive that came up behind her; she also lost the ability to run.
Johnny
39-14-405. Criminal trespass.
(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public.
(b) It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.
(c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property.
(d) For purposes of this section, enter means intrusion of the entire body.
(e) Entering or remaining on railroad or utility right-of-way property by an adjoining landowner for usual and customary activities of the type defined in §§ 1-3-105(2)(A)(i) and (ii), (B) and (C) and 43-1-113(a), (b)(1)(A) and (B), (b)(2) and (b)(3) shall not be considered trespass under this section. This subsection (e) shall not apply if the railroad or utility right-of-way owner, by a personal communication or posting at the site by someone with either actual authority or apparent authority to act for the railroad or utility right-of-way owner, has communicated to the adjoining landowner that the activity is not permitted.
(f) Criminal trespass is a Class C misdemeanor.
[Acts 1989, ch. 591, § 1; 2005, ch. 297, §§ 1-3; 2009, ch. 510, § 1.]
By law, railroads do not have to erect fences to keep people out, just livestock. Railroads do not have to erect fence around cultivated fields.
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjG1KWDnaPVAhVL8IMKHZ_LATMQFggiMAA&url=http%3A%2F%2Fwww.tnfarmbureau.org%2Fwp-content%2Fuploads%2F2016%2F05%2FTN-Fence-Laws-Bro_1.pdf&usg=AFQjCNEnnyb5Va5gFbZqrR3PVzJh8V76Ug
65-6-301. Cattle guards on unfenced track Each railroad company whose unfenced track passes through a field or enclosure is required to place a good and sufficient cattle guard or stops at the points of entering such field or enclosure, and keep the same in good repair.
65-6-302. Enlargement of unfenced area In case a field or enclosure through which such unfenced railroad track passes shall be enlarged or extended, or the owner of the land over which such unfenced track passes shall open a field so as to embrace the track of such railroad, such railroad company is required to place good and sufficient cattle guards or stops at the margin of such enclosure or fields, and keep the same in repair; provided, that such owner shall give the nearest or most accessible agent of such company thirty (30) days' notice of such change.
65-6-303. Penalty for noncompliance Any railroad company neglecting or refusing to comply with the provisions of this part shall be liable for all damages sustained by anyone by reason of such neglect or refusal; and, in order for the injured party to recover all damages such person sustained, it shall be only necessary for such person to prove such neglect or refusal, and the amount of such damages; provided, that such company shall not be liable if it shall be shown that the opening of such field was made capriciously and with intent to annoy and molest such company.
65-12-114. Standard of care required when livestock on tracks Whenever livestock appears on the tracks as an obstruction ahead of a railroad train, it shall be the duty of the engineer, or the person in charge of the operation of the train, to blow the alarm whistle and apply the brakes, in order to prevent, if reasonably possible, the striking of the livestock.
RME Be sure to listen to the 911 call made after the accident, as the operator plays 20 questions with a kid who says his legs have been cut off. Something is weird here but I can't put my finger on it. Apparently the police report says he was lying down with his legs draped over the rail.
Yes, I would say something is wierd with this story. I think it would require about 100 more questions to figure out what happened.
RMEBe sure to listen to the 911 call made after the accident, as the operator plays 20 questions with a kid who says his legs have been cut off.
Dispatchers generally have a set of flip cards they use to evaluate medical calls. Ask a question, go to the card matching the question, ask another question. And so on. We refer to it as pre-arrival, and the information is passed along to the responders. If there's something that can be done by the folks on the scene to help mitigate injuries or the illness at hand, instructions will be given (including CPR).
I looked at the GoFundMe page - some pretty harsh comments there (although pretty much along the lines of what we're saying here). I suspect their appeal won't be as successful as it might have been had this been a true accident...
One thing the A hole has is gall.
Never too old to have a happy childhood!
The lines about an inoperative front-facing camera is interesting, because it could imply one or both of the following:
A. The locomotive's standard forward-facing event recorder camera was inoperative
B. These people expect trains to have a long-distance camera to help crews see farther down the tracks.
Onbiously option B is so full of crap and would be tossed right out. What I *think* they're indicating is that the event recorder camera was inoperative, which would mean that we do not have video of the incident. While the event recorders are great when accidents happen and the railroad can prove themselves not at fault, having an inoperative piece of equipment like that may actually hurt the railroad.
I would suspect that the train's data recorder, much like that of an airplane's, was functioning to give them the telemetry.
I agree...something is fishy. Either they're going after a faulty camera or somehow expect trains to have long-range cameras.
How bout this folks: using the FRA's rules, fouling the track is being within 4' of the nearest rail, which means you've gotta be within a 13' strip to get hit under normal conditions.
Maybe, just maybe, if you're in that 13' zone, you shouldn't be able to sue the railroad?
Reading one of the links to other related articles in the story, one states that the conductor reported he was laying along the tracks with his legs over the rails. He denies this. Not knowing much actual details, that sounds more plausible. Had he been walking down the middle of the tracks I think his injuries would've been different and possibly fatal.
Jeff
That would explain how he "felt" something coming. I wonder if he was drug tested and it was covered under HIPA?
BaltACD One thing the A hole has is gall.
Maybe he saw one of those injury attorney ad testimonials..i.e "I got 3 million dollars, 100 times more than what insurance offered".. Sometimes, on a bad day, you almost want to go to the local fast food and dump a hot pot of coffee over your head.. It would be their fault for not securing the pot properly, and if you survive you're set for life financially.
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