Going back to the originl post, technically, the train did hit the car. Yes, it's the car's fault for being there, but there's a difference between "train hits car" and "car hits train".
To Semis: Sadly, there are enough morons in the trucking industry to giove it a bad rap. I know, I've almost been run over by several of them. There are plenty of smart ones, but we also hve a few doozies.
I was coming back from passing my paper exam driver's test. Came around an S curve on the edge of a hill. One of those brilliant property line pave jobs. VERYONE slows down for it. Except when I came around, there was a semi with his trailer over the line, easily halfway, I'd not be surprised if he was 3/4 or more over. He decided to continue at 50mph and slolom the hill, and that trailer was seconds from going over the top of my hood. I got lucky and pulled off the road fast enough, but I literally saw his trailer tire in front of me. I don/t think he knew he ws even that close to running someone over. It's the idiots like that that give you a bd rap.
On a lighter note, there's a story at the Indiana Transportation Museum. L ady pulled up to the tracks, gate came down, on top of her hood. Sent the museum a nasty note about how our stupid gte dented her hood and she was going to sue us for the damages and every dime we'd make fofr the next two eterneties.plete with expletives. So, the lov ely office lady wrote her back and politely explained that beyond tht gate is federal property. When the gate comes down, that's federal property too, and means access denied. We, the muesum, promised her that thanks to her sending us the address on the letter, we'd see her in court for damages to our Federally funded crossing gte, as well as tresspassing on federal property. Or something like that. I know the federal part was stressed numerous times. Never heard from her again.
-Morgan
HarveyK400Can't the driver and the company he worked for be prosecuted? And these guys pride themselves on being "professional" drivers?
Can't the driver and the company he worked for be prosecuted? And these guys pride themselves on being "professional" drivers?
Of course they can.
Although the term "prosecuted" usually means more of a criminal setting then the typical suit for monetary damages resulting from accidents like this. One would have to know both the federal criminal statues as well as the state criminal statues in order to see what charges the company and driver would be liable for.
In a civil suit, meaning you are suing for monetary damages, the company can be sued based on the theory of vicarious liability. This is what happens almost all the time since the company, presumably, has deeper pockets then the driver and is a better target to receive a greater damages award.
The company can then sue the driver under an indemnification theory or a contribution theory to be reimbursed for what the company was held to be liable for in the first suit. It is unlikely though that a single driver would be able to pay such a claim.
Insurance is also an issue which complicates my overly simplified explanation above.
But hopefully this gives you a basic idea on what can happen and who can be sued.
Matt from Anaheim, CA and Bayfield, COClick Here for my model train photo website
If you are a CDL holder(truck or bus) and you go thru a crossing with the lites on or gates down a conviction is an automatic suspension of your commercial license. This is Federal Regulations.
Further under CVSA 2010 rules soon to be enacted failure to report a moving violation will also subject you to license suspension.
Some years back came to a railroad crossing that had a stop sign beyond, and not enough room between tracks and cross road. I stopped before the railroad tracks and drove thru the stop sign. Local police stopped me and gave me a ticket for not stopping for the stop sign. When I pointed out there was not enough room the officer just shrugged.
My lawyer said that the officer and another were taking turns writing tickets. One would write the stop sign violation and the other would write the blocked railroad crossing. When my lawyer showed this to the Judge case dismissed. Then the township had to return all the collected fines pay my lawyers bill, and not just for my case but for over 100 others as well.
What I was told was that originally the stop sign was before the railroad tracks and the town moved the sign. The sign has since been changed to indicate that trucks are to stop before the tracks.
Personally having seen the mayhem of a derailment I would not allow myself to be caught on tracks. And I've been a irate about how long it takes a signal maintainer to respond to a broken gate on occasion.
Rgds IGN
See, as just 1 of the reports on that - May 19, 2010 3:35 pm US/Mountain - Highway 72 To Reopen After Repairs Made To Bridge - JEFFERSON COUNTY, Colo. (CBS4) at - http://cbs4denver.com/news/Union.Pacific.Railroad.2.1701650.html
SunnylandI have a college friend who just got his CDL license and as he always says "you can't fix stupid".
We now have the incident of another low boy driver hitting a UP Moffett route overpass with another track hoe that probably (?) was not loaded properly. ( boom up too high and wonder what the clearance on that overpass is). He is a hit and run and you know UP is going to be after him. Moffett Rd closed for 5 days each for a 12 hr repair window each day. Another chance to ride the CZ over the overland route Denver - Cheyene - Ogden - Salt Lake city.
I have a college friend who just got his CDL license and as he always says "you can't fix stupid".
We always have lively discussions on RR vs. trucks. He grew up as a fan of trucks and now he can drive anything out there and I grew up in a RR family. But we both agree that trucks and trains can co-exist, just not in the same space, like a railroad track.
So what was wrong with the truck driver I saw today? I was following a car - tractor trailer - car trio. First car stopped short of one of our RR crossings as there is only room beyond the crossing for one tractor trailer or 3 cars and then a traffic light.. Truck started blowing his horn even though 1st car could not clear tracks because step van and 2 cars ahead. Light changed but because of conflicting traffic 1st car could not get thru traffic light but tractor trailer pulled up even though I heard a horn which I later identified as a ballast regulator. Well gates did not work and TT driver shook fist at regulator. I was ready to back up when I heard the regulators horn!!!!!!!.
You're assuming that the truck driver could read.
cudjoebobto harveyK400: no, of course they aren't, not railroad signs. they are asked about stop signs and yield signs and solid/dashed yellow lines on the highway. easy stuff than can be coached to non english speaking drivers. otherwise, it's typical rank stupidity by lowboy drivers, happens often.
Bandaid and cudjoebob,
You might be amazed at the intelligence of the average Truck Driver. I have been a truck driver for 22 years, and have met literally THOUSANDS of other drivers, YES, there are those that might not read well, but not only are they in the minority, there are many in other professions that don't read as well as one might expect them to either.
You also might be surprised at what a truck driver can make, care to compare W-2's with me? I have known many four year college grads that would be Thrilled to make what I do. Out of curiosity, just which Fortune 500 Companies are you Gentlemen CEOs of?
Also, I guess that neither of You have ever made a stupid mistake driving or otherwise
Doug
May your flanges always stay BETWEEN the rails
bandaidYou're assuming that the truck driver could read.
Aren't drivers tested and responsible for knowing what the signs say?
L&M RRafter the smoke cleared, it was determined that a low-boy trailer, loaded with a back-hoe byo-passed a sign warning of a "hump" crossing that a low-boy could not negotiate. When the trailer got hung on the hump, the driver got out and ran............lucky fellow!
after the smoke cleared, it was determined that a low-boy trailer, loaded with a back-hoe byo-passed a sign warning of a "hump" crossing that a low-boy could not negotiate. When the trailer got hung on the hump, the driver got out and ran............lucky fellow!
sunbeam It seems like whenever a car or truck fouls a crossing, thus causing an accident, the headline is still reads ''Train strikes truck'. How about giving due credit to the negligent driver of the truck or car that caused the accident in the first place?
It seems like whenever a car or truck fouls a crossing, thus causing an accident, the headline is still reads ''Train strikes truck'. How about giving due credit to the negligent driver of the truck or car that caused the accident in the first place?
The headline is a description of what happened. Unless you're willing to assign blame on your own and risk a lawsuit, then that headline will have to do.
HarveyK400 Vehicles even hit the side of the train when the train gets to the crossing first.
Vehicles even hit the side of the train when the train gets to the crossing first.
And there's always the implied presumption that the railroad is at fault, even if the tracks got there half a century before the road...
Chuck
Vehicle Impedes Passage of Train: Collision Occurs
Idiot (Drunk, Distracated, etc.) Driver Places Vehicle In Path of Train
Vehicle Runs Red Lights and Gates Resulting In Being Struck By Train
But "Train Strikes Vehicle"...this I guess gets your attention quicker and is more easily understood by newsmedia people.
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