This one really tweaks my turnip.
http://www.local10.com/video/17043287/index.html
Ted M.
got trains?™
See my photos at: http://tedmarshall.rrpicturearchives.net/
Sad...
They even showed the no tresspassing sign on the video! And that part at the end "despite all the efforts, trains have hit 9 people this year" really irks me too... To quote a rather famous saying from these internet railroad descussion boards, "Did the train run after these people and run them down?" They should've said "despite all the efforts, people still tresspassed and got hit" or something to that effect...
Forget it. All she's got to do is bawl in front of the jury and FEC can get out its checkbook.
And some personal injury lawyers will get another big payday.
She was wearing an iPod for Pete's sake. It won't matter. Courts are not about justice, they are about who tells the most compelling story - all she's got to do is bawl again.
greyhounds wrote: Forget it. All she's got to do is bawl in front of the jury and FEC can get out its checkbook.And some personal injury lawyers will get another big payday.She was wearing an iPod for Pete's sake. It won't matter. Courts are not about justice, they are about who tells the most compelling story - all she's got to do is bawl again.
yep its absolutely pathetic but thats the way it is in the country it her fault she got it
greyhounds wrote:Forget it. All she's got to do is bawl in front of the jury and FEC can get out its checkbook.And some personal injury lawyers will get another big payday.She was wearing an iPod for Pete's sake. It won't matter. Courts are not about justice, they are about who tells the most compelling story - all she's got to do is bawl again.
FEC should get the engineer of the train to bawl in front of the jury about how the incident has affected him/her. What most people don't realize is the trauma the train crew suffers when they hit people on the tracks and such.
marknewton wrote:...If shed had done the same thing on a highway, would she be able to sue the driver of the car that hit her?...Mark.
Yes, happens all the time.
I expect to see the number of these kind of accidents go up as more and more people use iPods and are just totally oblivious to their surroundings.
Apparently our schools need to have a Common Sense 101 class.
Paul
I'm afraid we'ev only witnessed the beginning of a trend. This country has coddled an entire generation who think they're entitled to anything. Buy a house too big for your budget, the government will bail you out; bet big in the stock market on banks and lose; you'll get your money back; build your house on a fault or in a tinder dry forested canyon or in hurricane alley?, no worries, when the big hits, we the people, will pay for it. Do I need to continue? As long as we continue to remove personal consequence from stupid actions, this kind of behavior will continue.
I would like to see FEC counter-sue, but I'm afraid it would raise the hackles of the jury who will, in turn, raise the award, if they are so inclined.
You'd think, twenty-some years after the Sony Walkman was introduced, that people would have learned to pay attention. I guess not.
From her attitude, I don't think that she has learned from her mistake. She should be thankful to be alive after running into the path of a train. Many people don't make it. I actually thought that the report was fair and the reporter did emphasize that efforts are being made to warn the public about where to cross.
With her line of thinking, why doesn't she sue Apple?
She was careless and paid a high price. She must have crossed busy roads on her "noon run" and didn't get hit by autos. The video of the accident site showed multiple tracks so she should have looked or cross the tracks where you're supposed to.
It hasn't been 7 years since I sideswiped a bush while driving my car. Let me find a lawyer to sue God, Mother Nature or Evolution.
It was a pretty good report, showing the "No Trespassing", talking to the safety guy, and indicating she was listening to an IPOD.
Unfortunately, locally a high school senior was killed 5 years ago while running with an IPOD. Great young lady with incredible potential. I dont know what bothers me the most these days, seeing people running with IPOD type devices or seeing the large number of drivers holding a cell phone in one hand and driving with the other.
ed
marknewton wrote:You Yanks must have a deeply flawed legal system if this woman is permitted to sue someone else for injuries she caused herself.If shed had done the same thing on a highway, would she be able to sue the driver of the car that hit her?If she had done this in NSW, she wouldn't have a (legal) leg to stand on.As for the trauma to traincrew, I'm a little sad to say that after the first few fatalities, I became rather callous. If people aren't concerned about their safety and continued existence, then why should I be?Mark.
Under the American legal "system" people like this woman are viewed as child-like innocents who have no idea what train tracks are for.
God forbid we have any adults in this country.
Reality TV is to reality, what Professional Wrestling is to Professional Brain Surgery.
ButchKnouse wrote: marknewton wrote:You Yanks must have a deeply flawed legal system if this woman is permitted to sue someone else for injuries she caused herself.If shed had done the same thing on a highway, would she be able to sue the driver of the car that hit her?If she had done this in NSW, she wouldn't have a (legal) leg to stand on.As for the trauma to traincrew, I'm a little sad to say that after the first few fatalities, I became rather callous. If people aren't concerned about their safety and continued existence, then why should I be?Mark.Under the American legal "system" people like this woman are viewed as child-like innocents who have no idea what train tracks are for.God forbid we have any adults in this country.
Yeah, her "brave story".
Wouldn't it be cheaper for FEC to settle out right off the bat than have to pay to defend themselves in a long, drawn out court battle?
US Yanks do have a leagal system. Flawed? That may be putting it mildly. Expensive, frustrating , convoluted, mystifying, lengthy, irrational, are just some of the other adjectives which can be applied.
But hey, this blonde proves what they say about blondes. Pretty, blonde, crying, stupid. But the railroad is just as stupid mind you. Despite the no tresspassing signs, despite the fence, despite Operation Livesaver, despite being private property, despite her having IPOD earphones on while jogging, despite common sense (Oh, excuse me, she's blonde, that doesn't count), the railroad did not put up a brick wall 12 feet high nor provide escort services (sort of like playground monitors) on and off the property. Now that's being stupid by our legal standards!
And yes, I also bemoan the fact that the mental damage to the train crew is not even mentioned as whoever was in the cab of that locomotive is just as much a victim, if not moreso, than the pretty, crying, blonde lady. The only smart one's here are the lawyers as they stand to make a fortune.
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Lawsuit Lottery
I addressed the issue of these BS lawsuits in the thread about the recent fatal Gary, Indiana, grade crossing accident; I also brought up the video of the woman racing the train to the crossing in the fatal mini van grade crossing accident in Hammond, Indiana, last year, and the famous CTA third rail/urination electrocution case, and some kind soul accused me of being insensitive. I am not insensitive, but I have seen a lot of this. I am currently doing research for a rail disaster book and I am a noted aviation disaster author. One thing is certain from my RR research: people take a lot of chances around RR equipment and every now and then they lose. And people have been suing ever since. These railroad accidents have been happening for well over 100 years and will continue to happen as long as people continue to be careless. TonyM.
There always seems to be something like this going on. And often it's the railroad that loses. It's simple, a railroad and its trains are there for a specific reason. People, especially ones who aren't familiar with these things like us, shouldn't be there where they don't belong.
we have had several people hit around here, often fatal, and often because they had a device that prevented them from hearing an approaching train. Even if this is the case, and you are trespassing on railroad property and can't hear, it doesn't take much to turn your head every few moments and check around. It's a tragedy when these things happen, but sometimes hard to feel sorry for them either.
At least the Army has a regulation on just this sort of action. Note the entry about half way down:
IAW AR 385-10/DA PAM 385-10: Individuals must adhere to the following safety rules when exercising outdoors on Military Installations: Mandatory wearing of reflective vest or belt during hours of darkness or limited visibility when walking, running, jogging, roller-skating, rollerblading, or bicycling on roads and trails on a military installation. Motorcyclists are required to wear a reflective vest or reflective belt as a reflective upper garment at all times. Earphones, headphones and other apparatus that restrict hearing at any time are prohibited when walking, running, jogging, roller-skating, rollerblading, bicycling or motorcycling on roads and trails on a military installation. These devices reduce an individual's ability to hear approaching traffic, emergency vehicle alarms, sirens, car horns and vocal warnings that may distract the wearer from potential hazards and danger. These same safety regulations apply to operating non-motorized scooters, skateboards or other non-motorized vehicles.
TomDiehl wrote: greyhounds wrote: Forget it. All she's got to do is bawl in front of the jury and FEC can get out its checkbook.And some personal injury lawyers will get another big payday.She was wearing an iPod for Pete's sake. It won't matter. Courts are not about justice, they are about who tells the most compelling story - all she's got to do is bawl again.At least the Army has a regulation on just this sort of action. Note the entry about half way down:IAW AR 385-10/DA PAM 385-10: Individuals must adhere to the following safety rules when exercising outdoors on Military Installations: Mandatory wearing of reflective vest or belt during hours of darkness or limited visibility when walking, running, jogging, roller-skating, rollerblading, or bicycling on roads and trails on a military installation. Motorcyclists are required to wear a reflective vest or reflective belt as a reflective upper garment at all times. Earphones, headphones and other apparatus that restrict hearing at any time are prohibited when walking, running, jogging, roller-skating, rollerblading, bicycling or motorcycling on roads and trails on a military installation. These devices reduce an individual's ability to hear approaching traffic, emergency vehicle alarms, sirens, car horns and vocal warnings that may distract the wearer from potential hazards and danger. These same safety regulations apply to operating non-motorized scooters, skateboards or other non-motorized vehicles.
We have similar regs on Air Force installations, but I have rarely seen any of it enforced except for failure to wear helmets. With iPods everybody seems to be "plugged in" at all times anymore.
The motorcyclists are always good about reflective garb and helmets. I think that Security Forces is only interested with violations in regards to motor vehicles.
I dont agree, about the bawling,but to a point you are right,I hope the jury can see that this lady was clearly at fault herself and the RR did nothing to be at fault..You never know what a jury will do,thats the clencher..And if she does win the RR can tie it up in the court system for yrs.and she will never recieve a dime..The RR has the resources to do this,she dont...
While we are on the subject.....
I was downtown LaGrange yesterday, doing some errands. The business I was at is about 100 feet or so from the railroad crossing in down town LaGrange. While I was walking to the business, a train was approaching. Curious to see what it was, I paused to watch. A man on a bicycle had just stopped at the lowered pedestrian gate, and with the train sounding it's horn, this guy decided to cross in front of the train. I swear, I thought I was going to see a tragedy unfold right there in front of me. The guy didn't get hit, but it was kind of close. (The train was moving slower than the usual 40-50mph.) I also was not close enough to see if he was listening to an Ipod type device.
I remain absolutely convinced that, no matter what, some people will never get it, ever.
eolafan wrote:Maybe she's a "valley girl", a.k.a. a clueless putz.
TimChgo9 wrote:I was downtown LaGrange yesterday, doing some errands. The business I was at is about 100 feet or so from the railroad crossing in down town LaGrange. While I was walking to the business, a train was approaching. Curious to see what it was, I paused to watch. A man on a bicycle had just stopped at the lowered pedestrian gate, and with the train sounding it's horn, this guy decided to cross in front of the train.I remain absolutely convinced that, no matter what, some people will never get it, ever.
I was downtown LaGrange yesterday, doing some errands. The business I was at is about 100 feet or so from the railroad crossing in down town LaGrange. While I was walking to the business, a train was approaching. Curious to see what it was, I paused to watch. A man on a bicycle had just stopped at the lowered pedestrian gate, and with the train sounding it's horn, this guy decided to cross in front of the train.
You can subtract one more from the "personal accountability and responsibility" list.
Typical response, sue the railroad for your lack of judgement.
Better yet, you can subtract 3 more from the P A & R list because the reporter and anchorwoman seemed to be leaning towards her side.
I can't believe neither brought up that she was trespassing or wearing an I-pod.
And he calls it an epidemic, and epidemic of what, stupidity ?!?!?
Please God let there be an all railfan jury.
videomaker wrote: greyhounds wrote: Forget it. All she's got to do is bawl in front of the jury and FEC can get out its checkbook.And some personal injury lawyers will get another big payday.She was wearing an iPod for Pete's sake. It won't matter. Courts are not about justice, they are about who tells the most compelling story - all she's got to do is bawl again. I dont agree, about the bawling,but to a point you are right,I hope the jury can see that this lady was clearly at fault herself and the RR did nothing to be at fault..You never know what a jury will do,thats the clencher..And if she does win the RR can tie it up in the court system for yrs.and she will never recieve a dime..The RR has the resources to do this,she dont...
She doesn't need to HAVE the resources. All she needs is a Willie Whiplash willing to take the case on a percentage. Even if she loses, she's not out a dime.
The above paragraph is WHY we have so many of these kind of lawsuits.
"He Tried"
"To Cross"
"As fast train neared"
"Death didn't draft him"
"He Volenteered"
"Burma Shave"
Don U. TCA 73-5735
OMG!
Lets see...
jogging on tracks = STUPID
jogging on tracks with Ipod =STUPID
not looking each way crossing while trespassing = STUPID
This person is a retard, period! Ipod wearing joggers (and pedestrians) tend to be serious idiots when it comes to not paying attention to their surroundings, this stupid idiot is LUCKY to be alive, but "Oh, boohoohhooo its the RAILROADS fault I tresspassed, didnt look to makes sure it was safe before I crossed illegally and of course I HAD to have my Ipod set on 11 so I could tune out all those negative vibes that spoil my groove like sirens and TRAIN HORNS"
NO Sympathy, and I would say so right to her face...buck up lady and accept your responsibility.
Have fun with your trains
But the railroad doesn't have unlimited resources either. It probably has more than she does, but its resources are not unlimited. To the extent it has to waste money making lawyers wealthy (That's what our legal system is really about, isn't it. Making lawyers wealthy.), it can't do other, more useful things.
And look at the flip side of your thoughts. What if the railroad was at fault? (Aparently not applicable in this case, but it does happen.) Then the injured person should collect, but you say they can't under the present system.
As I said before, our courts are not about justice.
From what I've heard, the way to fight this is to put up a halfhearted defense then appeal if the jury is swayed by the blonde's crying. Appeals judges are far less inclined to give someone money who doesn't deserve it.
Jock Ellis Cumming, GA US of A Georgia Association of Railroad Passengers
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