Two PA teens killed after hitting parked train

[88gta350]

Two local teenagers were killed last night after they ran into a train that was occupying a crossing. It appears they were speeding and drinking, and had just left a party. They ignored the flashing lights. Here's a link to the article if you're interested:

http://www.thewgalchannel.com/news/4517930/detail.html

[dknelson]

And somewhere in Pennsylvania there are lawyers very busily trying to figure out how to say this was all the railroad's fault .... and potential jurors more than willing to agree.

Dave Nelson

[oskar]

[V]




kevin

[vsmith]

Alcohol x Automobile = two less idiots in the world
Stupidity


Its an unfortunate formula but one thats very true, if it wasnt a parked train at a crossing with flashing lights, it would have been a red light and a bus full of Nuns. [V]

[gabe]

QUOTE: Originally posted by dknelson

And somewhere in Pennsylvania there are lawyers very busily trying to figure out how to say this was all the railroad's fault .... and potential jurors more than willing to agree.

Dave Nelson

Very unlikely. Even aside from the obvious non-liability on the part of the railroad in this incident, it is very difficult to collect damages from railroad crossing injuries/deaths now days. If an attorney spent time on such a suit, he would be better off just flushing money down the toilet--as an attorney's time is money.

This case will never make it to a jury.

Gabe

[Anonymous]

Yep. Two less people.

Let this story stand as a example to "Look, Listen and Live"

[adrianspeeder]

QUOTE: Originally posted by dknelson

And somewhere in Pennsylvania there are lawyers very busily trying to figure out how to say this was all the railroad's fault .... and potential jurors more than willing to agree.

Dave Nelson

Wow, I was even in that area last night.

Dave, I think it will be more focused on the beer at the party. That is a clear right of way violation and prolly too hard to get money from.

Adrianspeeder

[BaltACD]

QUOTE: Originally posted by gabe

QUOTE: Originally posted by dknelson

And somewhere in Pennsylvania there are lawyers very busily trying to figure out how to say this was all the railroad's fault .... and potential jurors more than willing to agree.

Dave Nelson

Very unlikely. Even aside from the obvious non-liability on the part of the railroad in this incident, it is very difficult to collect damages from railroad crossing injuries/deaths now days. If an attorney spent time on such a suit, he would be better off just flushing money down the toilet--as an attorney's time is money.

This case will never make it to a jury.

Gabe

Case or not....never underestimate a parent's desire to make someone...anyone...pay for the death of their child. With shyster lawyers they will attempt to present 65 reasons why a train occupying a crossing with flashers operating was in the wrong. That is our society today!

[cherokee woman]

My condolences to the families and friends of the two teens.

[gabe]

QUOTE: Originally posted by BaltACD

QUOTE: Originally posted by gabe

QUOTE: Originally posted by dknelson

And somewhere in Pennsylvania there are lawyers very busily trying to figure out how to say this was all the railroad's fault .... and potential jurors more than willing to agree.

Dave Nelson

Very unlikely. Even aside from the obvious non-liability on the part of the railroad in this incident, it is very difficult to collect damages from railroad crossing injuries/deaths now days. If an attorney spent time on such a suit, he would be better off just flushing money down the toilet--as an attorney's time is money.

This case will never make it to a jury.

Gabe

Case or not....never underestimate a parent's desire to make someone...anyone...pay for the death of their child. With shyster lawyers they will attempt to present 65 reasons why a train occupying a crossing with flashers operating was in the wrong. That is our society today!

I don't mean to sound dismissive, but it is more complicated than that. There are several favorable procedural advantages that railroads have in such instances THAT WILL PRECLUDE THE "SHYSTER" FROM BEING ABLE TO MAKE THE ARGUMENT IN THE FIRST PLACE. The plaintiff wont even be able to present his case to a jury.

Furthermore, if the parents want to look for revenge and hire a lawyer, the people hosting the party are going to be the ones getting the brunt of the suit and attract the attention of the hired gun. That argument will by 100 times easier to make—and there wont be procedural protections for a dram shop liability claim, unlike the railroad claim.

Gabe

[MP173]

As a parent of a 19 year old, and I am very realistic about not only my teenager, but most of them, I feel very badly about that accident.

I seriously doubt if a lawsuit will result...if one is filed, no doubt it will be against the people providing the alcohol, that is if the teens were underaged.

The simple reality is with many teens today is they feel they are invincible.

ed

[Anonymous]

the lady sounds reasonable, she wants to go to graduation to tell other kids not to do this. Sounds like a smart lady!
Brad

[BNSFNUT]

At least it was a parked train not some poor guy with 8 kids going to his second job. This happen in our town.
If drunks only killed them selves I say drink away but they don't and many a bystander gets hurt or killed.

[Anonymous]

QUOTE: Originally posted by gabe

QUOTE: Originally posted by dknelson

And somewhere in Pennsylvania there are lawyers very busily trying to figure out how to say this was all the railroad's fault .... and potential jurors more than willing to agree.

Dave Nelson

Very unlikely. Even aside from the obvious non-liability on the part of the railroad in this incident, it is very difficult to collect damages from railroad crossing injuries/deaths now days. If an attorney spent time on such a suit, he would be better off just flushing money down the toilet--as an attorney's time is money.

This case will never make it to a jury.

Gabe

Gabe -

I hate to disagree with you, but it does happen. Even parked trains can give rise to liability. There are all those nifty state anti-blocking laws for grade crossings. Also, remember that FRA in its infinite wisdom recently published a rule concerning reflectorization of locomotives and rolling stock which might give plaintiff's counsel some legs. There are unfortunately other theories that might also work with some degree of success.

LC

[miniwyo]

As somone that is about the same age as them, Partly i amd sad that they would do somthing stupid like that, however, another part of me wants to give them the darwin award. Its a terrible thing, yes, but if the people who threw that party were too irrisponsible to make sure that they had everyone's keys before the alcohol was avalible, if they are gonna drink make sure they do it safley.

[ericsp]

QUOTE: Originally posted by Limitedclear

QUOTE: Originally posted by gabe

QUOTE: Originally posted by dknelson

And somewhere in Pennsylvania there are lawyers very busily trying to figure out how to say this was all the railroad's fault .... and potential jurors more than willing to agree.

Dave Nelson

Very unlikely. Even aside from the obvious non-liability on the part of the railroad in this incident, it is very difficult to collect damages from railroad crossing injuries/deaths now days. If an attorney spent time on such a suit, he would be better off just flushing money down the toilet--as an attorney's time is money.

This case will never make it to a jury.

Gabe

Gabe -

I hate to disagree with you, but it does happen. Even parked trains can give rise to liability. There are all those nifty state anti-blocking laws for grade crossings. Also, remember that FRA in its infinite wisdom recently published a rule concerning reflectorization of locomotives and rolling stock which might give plaintiff's counsel some legs. There are unfortunately other theories that might also work with some degree of success.

LC

Interesting.
http://www.trains.com/community/forum/topic.asp?page=-1&TOPIC_ID=36700&REPLY_ID=375332#375332

[Sterling1]

Stupid teens . . . my dad tells me that no matter what there always something
that goes awry around graduation . . .

Yes i have graduated high school and I still get the shakes from passing trains
even when I'm well back from the ROW . . .

Not a nice way to die . . .

Stay safe don't smoke don't drink b/c you never know what may be on the
tracks ahead of you . . .

MAtt

[emmar]

I am sorry for the families of the two teens,but being a teen myself I can say that you never can get rid of natural selection.Anyone who is stupid enough to get drunk and then go driving around probably is not going to live very long.At least this time no innocent people were hurt and there is no way that a case against the rairoad would stand up in court.

[locomutt]

emmar,
I'm very PROUD to hear a "teenager" say that,it sounds like you have very good
insight to what life should be. Stay that way; sounds like your parents have
taught you well.

[Anonymous]

emmar, You made my day with your statement.

Let me tell of a tunnel somewhere on the east coast. We went in there as teens one time seeking a thrill of being in absolute darkness.

that light showed up on one end and it got very dangerous right quick.

We are still here, even today we regret doing that really dumb thing. If we had died in there, be no one but us to blame.

I say to the families of the two dead teens, go to the graduation, tell the other people there NOT to get drunk and do stupid things. Sometimes the price will be thier lives and no memory to show for such a tragety.

I have to ask this... what is that train DOING on that crossing blocking a road? Assuming all laws are legally met and no rules are broken how can a railroad block a road like that?

I ask this question recalling my trips south of the border where Mexcain trains block crossings all night long. But that is in a part of the country with SO few people... this is YORK PA we're dealing with here. A town that has to be close to 24/7 as any in the Northeast.

[chateauricher]

The person who supplied them with the alcohol (the party hosts, or others), should be camping out at his lawyer's offices. If I'm not mistaken, isn't it a criminal offense to supply alcohol to persons known to be under the legal drinking age ? Also, is there not case law throwing liability at the hosts of a party where alcohol is served, to ensure that guests who drink don't drive ? (I know that such case law exists in Canada and applies to private parties as well as businesses who serve/sell alcohol.)

If the parents' of these teens are looking to sue anyone, they should first turn to the suppliers of the alcohol their kids drank; and to the hosts of the party who allowed them to drive after drinking.

While, yes, the railroad company could have made their trains more visible by adding reflectors along the sides, the lack thereof should not confer any liability onto the company for the accident. If you hit a pedestrian legally crossing the street, would you sue him ? I think not. He just happened to be in the wrong place at the wrong time. Same with the train.

[Anonymous]

Is it at all possible that the train had gone into emergency because the engineer saw another stupid human trying to wipe out their family in front of him at another crossing?
I doubt very much whether the train crew had gone for coffee and donuts. The parents of the dead kids owe it to the community to try and make the waste of their kid's lives of some tiny value. This can be achieved by graphic photos and a lecture. Nobody ever seems to think of how bad the engineer and conductor feel after these incidents.

[Overmod]

LC can probably speak to this point, but doesn't 'joint and several' have some teeth in here?

All plaintiff's counsel has to do is get some percentage -- maybe as little as 1 or 2 percent -- assigned to the railroad. Perhaps for some technical failure of reflectorization, perhaps for some other niggling issue involving why the train happened to "have" to be stopped on the crossing.

Then, if there's a large damage award, and it wipes out the witless folks who served alcohol to minors, guess who winds up paying 100% of the remaining dollars?

Not to be too cynical -- but even if 'damages' in such a case are restricted to some nominal amount like one dollar, to "teach a lesson" to [insert rhetoric as desired], very quietly the legal fees will all probably be assessed to the 'responsible' parties as above. It would be nice if such amounts were voluntarily donated, to Op Lifesaver (or perhaps even to goofy organizations like that grade-crossing angel front group). Something addressed at at least trying to prevent accidents like this from happening, or being lethal. I won't wait too expectantly for that.