Here's the story: http://www.mysanantonio.com/news/metro/stories/MYSA050308.amtrak.e-n.c25c0cee.html
After reading the article, I suggest that this thread should have a more accurate title.
Sub-terminally stupid driver of a pickup deliberately puts himself in front of moving train. Passenger injured.
The train is confined by the tracks and the laws of physics. It didn't deliberately drive around a safety device/hazard indicator in an attempt to deliver the driver's richly-deserved Darwin Award. I would really like to see credit (or debit) for this incident properly allocated.
FWIW, I recall a Japanese law that was aimed at people whose actions (usually in motor vehicles at grade crossings) caused undue delay to passenger trains. Under it, EVERY PERSON WHO WAS INCONVENIENCED BY THE DELAY could sue the offender, individually, for damages. Since the average Japanese train is crowded with workers going to their jobs, school kids going to school and business folk going to scheduled meetings...
I wonder what would happen if the same was true here.
Chuck
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