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[quote]QUOTE: Originally posted by dekemd [quote]QUOTE: Originally posted by missouri I look at it as the railroads either do it or go to jail for negligient homicide like any other business owner. It's their trains. Like these politicans who didn't do their jobs to start with standing around getting medals for getting the kids killed to start with. Then the low life railroads comeing in and chargeing 1/4 a million when the gates can be bought for 40K all day long. [/quote] Yes, it's the railroads train. The motor vehicle belongs the driver. Why not charge the driver of the car with negligent homicide? The driver was negligent in not yielding right of way. You like to copy and paste, here's one for you. NS Collision with Log Truck Kills Driver, Slightly Injures Crew The driver of a logging truck was killed Tuesday when he pulled into the path of a freight train at a remote crossing on a private road in southern Charlton County, Georgia, authorities said. Both crewmen aboard the Norfolk Southern train consisting of two locomotives pulling 60 cars sustained minor injuries in the collision, said Trooper 1st Class Chad Woods of the Georgia State Patrol, lead investigator in the accident. The truck driver died about 08:00 EDT at the scene of the collision, a railroad crossing on Rayonier Road No. 25 between Moniac and St. George, Woods said. The train didn't derail, although its locomotives received major damage. Its crew, Robert Brantley, 47, of Jacksonville, and Ronald Wayne, 56, of Valdosta, said they felt some pain but had no visible injuries, Woods said. Woods a 1988 Peterbuilt tractor-trailer loaded with logs was northbound when it came to the crossing, which is marked with warning crossbars. The train was traveling west about 45 mph along a section of tracks where the rail speed limit is 50 mph. "The truck failed to yield at the crossing and pulled into the path of the oncoming train. The train hit the truck in the middle of the crossing," Woods said. The truck was torn in half by the collision. The driver was trapped inside the cab, which overturned and was drug about 70 feet along the track. Two things I want to point out: ...said Trooper 1st Class Chad Woods of the Georgia State Patrol, lead investigator in the accident. No mention of the railroad leading the investigation. and: "The truck failed to yield at the crossing and pulled into the path of the oncoming train. ...," Woods said. "Trains have the right of way at crossings. It is the responsibility of the motorist to make sure no train is coming. If it cannot be easily determined that a train is not coming, the driver must come to a stop until it can be determined that it is safe to cross. " This last paragraph is a quote from a Superior court judge that I spoke with earlier today. Derrick [/quote] Ask your Superior court judge if a driver needs a drivers lisence on "PRIVATE" property ? ..."on a private road"... Ask him if state drivers statutes can then apply? There is no law saying there has to be any sign at a "private" railroad crossing. The 4th grade educated railroad guy that placed the signs there has no degree in traffic engineering and has no business placeing signs there. The sign has no LEGAL meaning. Then here is the kicker ---Ask him if the railroad doesn't have the common law duty to have the train seen or heard by the driver is time to stop?? Remember no whistles at private crossings and ... GEORGIA Georgia has no applicable statute. http://www.fra.dot.gov/pdf/cross_chp12.pdf So I'll look for you to press negligient homicide charges against the county, state, FRA, railroad, and politicans for haveing a death trap "laying in wait" for the truckdriver who was caught in the blind crossing with no whistles, lights, gates, or flagger to give warning.
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