matthewsaggie Isn't NS trying to sue a crew for a derailment somewhere in KY about a year ago?
Isn't NS trying to sue a crew for a derailment somewhere in KY about a year ago?
I think so. There have been a few instances of railroads suing crews involved with major human error incidents. Sometimes this has been in response to those crewmembers involved (and being held responsible by the railroad) suing the railroad for incurred damages under the Federal Employer's Liability Act (FELA). I don't think I've ever heard the outcome of those railroad filed suits.
Jeff
Do not know for RRs. Almost all union Contracts with airlines have a hold harmless clause that protects pilots from any libility claims by employer ! Also for other crafts contracts as well.
caldreamerI beleive that the driver should pay for all the damages, not his insurance compny or the municipality. GROSS AND TOTAL STUPIDITY should releive his insurance company and the municipality of all liability.
Just because it was a municipal waste trailer doesn't mean he worked for a municipality. Looks like a private outfit in the photos.
And as Balt said, you can't hold the people to pay those costs. Most (the majority) are unable to, and good luck finding people to take jobs that require them to be in charge of anything expensive. It's not like there is a surplus of decent truck drivers around. That's the whole point of the insurance thing.
It's been fun. But it isn't much fun anymore. Signing off for now.
The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any
caldreamerI beleive that the driver should pay for all the damages, not his insurance compny or the municipality. GROSS AND TOTAL STUPIDITY should releive his insurance company and the municipality of all liability. Cldreamer
Cldreamer
Hanging your compensation for the incident on the driver and only the driver is GROSS AND TOTAL STUPIDITY. The driver may have financial means of being able to go the McDonalds for his next meal. The best you will do is make a Bankruptcy Lawyer a fee as he drains the driver as he files for bankruptcy. As Cldreamer you are in fact dreaming.
By the same token, shouldn't the engineer from the Dupont, WA Amtrak derailment be on the hook for all the damages. How about the Frankfort, PA Amtrak overspeed derailment - hit the engineer up for all damages - that will show him.
Never too old to have a happy childhood!
Unless there is some kind of state law protecting the municipality they're responsible for their employee's actions at work.
Insurance will pay up to the limits of the policy. You are protected against your own stupidity by your insurance. If you cause a wreck or set your house on fire your insurance pays.
tree68a loaf of milk and a bottle of bread
I beleive that the driver should pay for all the damages, not his insurance compny or the municipality. GROSS AND TOTAL STUPIDITY should releive his insurance company and the municipality of all liability.
It is ironic that the unit is painted with the OLS logo.
Quick search for FSD service (Name on truck) points to a house in Bridgewater, NJ
Hauling waste ... hmm .. NJ ... hmm fagadaboutit ....
caldreamer The money to pay for the damages comes out of his pay. If his insurance company pays some of it his rates will go sky high. Caldreamer
The money to pay for the damages comes out of his pay. If his insurance company pays some of it his rates will go sky high.
Caldreamer
You don't know that.
Semper Vaporo I have to be careful what I listen to on the radio while I am driving... certain music (Beethoven, Mozart, Bach, etc.) played by excellent musicians (Boston Pops, N.Y. Symphony, etc.) can be VERY distracting and essentially cause "my eyes to glaze over"... and it does not have to be loud, but I would generally have it up loud just for the pleasure of it. Regardless, if I have an accident due to my being "glazed over" (mentally) I should be the one on the hook for damages (or, my insurance company!) Or, possibly the entity (company/person/municipality) that I was working for would be held responsible.
I have to be careful what I listen to on the radio while I am driving... certain music (Beethoven, Mozart, Bach, etc.) played by excellent musicians (Boston Pops, N.Y. Symphony, etc.) can be VERY distracting and essentially cause "my eyes to glaze over"... and it does not have to be loud, but I would generally have it up loud just for the pleasure of it.
Regardless, if I have an accident due to my being "glazed over" (mentally) I should be the one on the hook for damages (or, my insurance company!) Or, possibly the entity (company/person/municipality) that I was working for would be held responsible.
1. Highway hypnosis, aka a dissociative state.
2. Deep pockets.
Semper VaporoI have to be careful what I listen to on the radio while I am driving... certain music (Beethoven, Mozart, Bach, etc.) played by excellent musicians (Boston Pops, N.Y. Symphony, etc.) can be VERY distracting and essentially cause "my eyes to glaze over"... and it does not have to be loud, but I would generally have it up loud just for the pleasure of it.
I've had times when I got so involved in debating a topic with myself (ie, building up my argument) that I essentially lost track of the world going by while driving.
We're not supposed to phone and drive any more (although most do), however if your significant other wants you to pick up a loaf of milk and a bottle of bread on your way home from work, odds are your "minds eye" is picturing where you'll find them in the store, not watching the road ahead of you.
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...
csxns And the train in Germantown derails after hitting a truck.
And the train in Germantown derails after hitting a truck.
Hard to believe I was actively watching for trains on this line just 2 miles west, no more than 2 hours later, and knew nothing about it until you posted here!
Unfortunately driver in this case did not make it...
Semper Vaporo
Pkgs.
caldreamerI disagre. It whould NOT be the municpalities responsibility for the damages. The truck driver was acting illegally and should be made to pay the ULL cost of all damages. Caldreamer
Driver pays! With what?
Russell
Lack of proper vetting?
I disagre. It whould NOT be the municpalities responsibility for the damages. The truck driver was acting illegally and should be made to pay the ULL cost of all damages.
Not sure we need Charlie on this one, but his input's always welcome, of course.
Sometimes it's just plain stupidity on the part of the driver. And in this case since he's 59 years old he's certainly old enough to know better.
This is the distracted, dopey driving I'd expect from a wet-behind-the-ears and not as good behind the wheel as he thinks he is teenager.
Oooh, look, a sonic Twinkie defense!
Wonder what amount of behind-the-scenes lawyer tinkering it might have taken to produce this 'official police response' to media. (Note the critical detail that, unless I'm misreading the situation, the municipality is 100% on the hook for damages, as well as more than likely to want to preserve what might, uncharitably, be its, ah, cheapest possible cost for municipal-service labor.) And yes, it got me thinking about the official 'spin' both pro and con that has been applied to Brendan Bostian for a similar kind of lapse in critical thinking due (nominally) to perceptual stress.
Time for another 'charlie hebdo' moment about the pathways that create this kind of critical foreground attention lapse.
I've heard of having music turned up so loud it gives you a nosebleed, but turned up so loud it makes your eys glaze over?
https://www.nj.com/warren/2019/06/trucker-listening-to-loud-music-crashes-into-moving-train-cops-say.html
Reminds me of a cop friend telling me why he liked his job so much...
"It's a front-row seat at the greatest show on earth!"
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