Amtrak Derailment in Mississippi

[Big_Boy_4005]

Thank you Keith. If that is the case, and the investigators do indeed come to that conclusion, that is considered an act of God. In legalese, FORCE MAJEURE, no fault or blame can be placed on the owners or operators of any of the equipment.

WHO DO PEOPLE SUE WHEN TORNADOS OR HURRICAINES STRIKE?????

[csxengineer98]

QUOTE: Originally posted by Big_Boy_4005

Thanks CSX and Wabash. Frankly, I'm getting a little tired of seeing doggy doo on our rails here. More sand please!! [swg]

AMEN......i thought their was a pooper scooper law?
csx engineer

[csxengineer98]

doggy,
you may be right in the fact that someone will try and sue... it happens anytime their is any kind of accident... anymore it seems that the bloodsuckers that are called "lawers" show up to accident seens faster then the emergancy responce people do... but .... i got news for you..... it is tragic that someone died... it is a great loss...but guess what.....that is life...we all are going to die sometime... out of old age...or by some act of god...someone brought up a good point about tornados... who are you going to sue for that....the weather service? i think not... you run the risk of death evey second since you where born... and expiring on a train due to an accident is no differnt that if you where to die in a car crash on the highway...
and as for your "insider info" CNN and Yahoo as well as any other news outlets are speculastion untill the facts are know by the people investigating the crash... they might report the fact that the train derailed...someone died..and a POSSABLE CAUSE from talking to people..but they know as much as the rest of us...which is NOTHING.........and like i said befor.....Trainorders.....AHAHAHAHAHAHAHAHHAHAHAHAHAAHAHAH...just to say that name of that sight makes my sides hurt from laughter....ahahahahahahahahhahahahahaha
csx engineer

[csxengineer98]

trainorders...............ahahahahahahahahahha
csx engineer

sorry... i cant stop laughing

[edblysard]

Actually, the suvivors and the family of the deceased can, and do sue.
Allways.
Purchase of a ticket, to ride a train or attend a baseball game does not exclude the operator of either from liability, even if it expressely states so on the ticket.
It is not a legal contract, nor a legal exclusion of libality.
.
Go to a Cubs game, and have the bleacher you sit in collapse.
You can sue the Cubs, the owner /operator of the stadium, and the contractor who built the bleacher.

Ride Amtrak, and be involved in a accident/derailment, you can sue Amtrak, the railroad Amtrak was operating on, even the engineer if your lawyer is greedy enough.
How?

The law states that you have a right to expect a reasonable level of safety provided for you by the operator/owner.

Whoever owns the track will be held liable, unless they can prove that within a reasonable amount of time, before the use of the track by Amtrak, that paticular stretch of track was inspected, and found to be safe.

Then the attorneys will argue what is and isnt safe.

Railroad cant prove inspection in a reasonable amount of time?

The attorneys will argue what is a reasonable amount of time, and what isnt.

The key word is resonable, which, in this instance, will eventually be defined by the courts.

In reality, Amtrak will offer a settlement, above what you would expect, to prevent setting a legal precident, or being found legaly liable in a court of law, so others cant sue for the same thing at a later date, and then quote this case as a example.

Amtrak will then file suit against the owner of the tracks to recover the amount of the settlement and the cost of their equipment.

Add in the fact that both Amtrak's and the track owners insurance companies will be deeply involved, to cover their clients behinds and save as much of their money as possible, and the litigation will go on for a few years.

Ed

[csxengineer98]

what is it when you got 10000 lawers on the bottom of the sea....
a good start....
becouse of the bloodsuckers that use the liabily laws to do leagel extortion on people and corporations is one reason this country is so screwed up... why do you think things cost as much as they do... but one major reason is....to cover the costs of the liabily insruces to protect aginst lawsuits... and the sick thing is... even with the massive payouts that are awared in liabily cases... the lawers are the ones that take most of it anyways...
im not saying that their arent reasons to sue..such as a case of down right negligence... but when its an act of god....come on... people... give it up... spilling hot coffie in your lap is not an act of god...its negigance..but not on the part of the one that gave you the coffiee... more like on the one that desided to put it between thier legs and then attempt to drive off...........
my point is...in most cases of a train derailment... they are fall under the "act of god" catigory.... and buying a ticket for anything you are understanding the risks involved.....so as i feel.... the liabily crap should be void..but it wont be... eveyone on that train will sue...get a nice payout...and who is going to pay for it...ALL US TAX PAYERS... just like we all pay higher insurance becouse of people getting rich on "acts of god"
csx engineer

[Anonymous]

Ed is correct but CSX--you hit the nail on the head--WE ALL PAY FOR IT!!! Heck, there's a warning on the bottom of my beer bottle---Open other end!!!

[Anonymous]

QUOTE: Originally posted by csxengineer98

trainorders...............ahahahahahahahahahha
csx engineer

sorry... i cant stop laughing

CSX,
When I see one of your company's Locomotives I say HELP CSXENGINNER98 is CHASING ME ESPECIALLY ON VACATION

DOGGY
GO CUBS

[Anonymous]

Her Family can sue if they want and It's a good thing they reopened the Line how did they detoure?

DOGGY

[csxengineer98]

QUOTE: Originally posted by Doggy

QUOTE: Originally posted by csxengineer98

trainorders...............ahahahahahahahahahha
csx engineer

sorry... i cant stop laughing

CSX,
When I see one of your company's Locomotives I say HELP CSXENGINNER98 is CHASING ME ESPECIALLY ON VACATION

DOGGY
GO CUBS

YOU CAN RUN..BUT YOU CANT HIDE......CSX IS EVEYWHERE.....OHHHAHHHHHH...(evil laugh)
csx engineer

[Anonymous]

SURE YOU CAN RUN FORM RULE G BUT YOU CAN"T HIDE AND IT'S EVEYWHERE OAHHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! EVIL

DOGGY
GO CUBS

[Big_Boy_4005]

If it is determined that a pocket of clay under the roadbed, unknown to the railroad, caused the track to heave, I would think that Amtrak and CN lawyers could argue FORCE MAJEURE. Mitigating circumstances could really reduce or wipe out any award. Aren't the railroads self insured anyway?? That would be where any award would come from, insurance.

Wasn't there a derailment a few summers ago near Washington DC caused by a sun kink??? What happened in that case? My understanding was that they had just inspected that track, but the weather had been so hot that the rail buckled.

The bottom line in all of this is, that accidents happen, and the railroads keep going in spite of them, including Amtrak. Sometimes they learn new things and adopt new safety procedures, and sometimes there is nothing more that they could do.

[Anonymous]

Ed and CSX,
YOU COST THE CUBS TONGITS GAME ABOUT TALKING ABOUT THIS SUEING STUFF IT HAPPENED AT THE SAME TIME. OH YES the ? from Big Boy their was a Amtrak Derailment caused by the Sun Skin

DOGGY
A VERY POED[:(!][:(!][:(!][:(!][:(!][:(!][:(!][:(!][:(!] CUBS FAN

[csxengineer98]

i didnt cost the cubs anything.... they just suck..it has nothing to do with me talking about sueing anyone....
csx engineer

[Anonymous]

CN detoured a portion of their trains over the Grenada district. It could not handle all of the trains due to the jointed rails and lower speed limits. Apparently they held trains both north and south until the yazoo line opened. Since it reopened on Friday, there have been a large number of trains in both directions. They are still sending some trains (mostly genreal merchandise) on the grenada district. Saw one yesterday with 3 SD 40's and a SD50 still in EMD paint. Approx. 130 cars. This is an extremely uncommon occurance on grenada district. Grenada district line usually sees 4 to 6 trains daily. North of Jackson has increased since the Nissan palnt opened in Canton.

Also, media reports lawsuits are already filed in New Orleans. Imagine that!

[Big_Boy_4005]

Doggy, don't blame CSX and Ed for the Cubs, I was the one that dragged the Cubs into this converstion. Go back and read that part.

Consider yourself lucky that you are a Cubs fan, it could be worse, you could be a RED SOX fan!!!! I have been a TWINS fan all my life, and was there in 87 and 91 when they won it all. The team and I are almost EXACTLY the same age. Actually the Twins played their first game in April of 1961, and I was born in May. This is my 17th season with season tickets, and YOU ARE HOW OLD?????

I'm afraid you have a lot to learn about trains and about life in general. I have loved trains all my life, which is a lot longer than your's. I don't claim to know everything about railroads that's part of the reason I come here, TO LEARN!!!!

CSX and Ed, and a bunch of the other members, come here to share their knowledge and experience about railroads. The secret is to LISTEN!!!! I suggest you spend more time READING / LISTENING, and less time TALKING / TYPING, and you will get a lot more value out of the time you spend here.

As for all of your sources for information, and re-reporting, don't believe everything you read, since a lot of people don't believe everything you write. Try to seperate fact from fiction, there are a lot of people saying all kinds of things out there, much of which is crap.

For you to do as your name implies, and "fetch the newspaper" and bring it here, is not really what the members desire, because it is often covered in doo from the yard. I think that most her would agree that they perfer their Doggy to be loyal and faithful companions, and not disruptive by barking constantly or a burden to be cleaned up after.

So, let's see if we can give you a little TRAINING: DOWN, good boy!!! (here's a treat)[swg]

[Anonymous]

QUOTE: Originally posted by csxengineer98

i didnt cost the cubs anything.... they just suck..it has nothing to do with me talking about sueing anyone....
csx engineer

Yes you did you cost them the Game. You are a Bum and on my HOTSEAT

DOGGY
GO CUBS

[cherokee woman]

QUOTE: Originally posted by Big_Boy_4005

Doggy, don't blame CSX and Ed for the Cubs, I was the one that dragged the Cubs into this converstion. Go back and read that part.

Consider yourself lucky that you are a Cubs fan, it could be worse, you could be a RED SOX fan!!!! I have been a TWINS fan all my life, and was there in 87 and 91 when they won it all. The team and I are almost EXACTLY the same age. Actually the Twins played their first game in April of 1961, and I was born in May. This is my 17th season with season tickets, and YOU ARE HOW OLD?????

I'm afraid you have a lot to learn about trains and about life in general. I have loved trains all my life, which is a lot longer than your's. I don't claim to know everything about railroads that's part of the reason I come here, TO LEARN!!!!

CSX and Ed, and a bunch of the other members, come here to share their knowledge and experience about railroads. The secret is to LISTEN!!!! I suggest you spend more time READING / LISTENING, and less time TALKING / TYPING, and you will get a lot more value out of the time you spend here.

As for all of your sources for information, and re-reporting, don't believe everything you read, since a lot of people don't believe everything you write. Try to seperate fact from fiction, there are a lot of people saying all kinds of things out there, much of which is crap.

For you to do as your name implies, and "fetch the newspaper" and bring it here, is not really what the members desire, because it is often covered in doo from the yard. I think that most her would agree that they perfer their Doggy to be loyal and faithful companions, and not disruptive by barking constantly or a burden to be cleaned up after.

So, let's see if we can give you a little TRAINING: DOWN, good boy!!! (here's a treat)[swg]

Doggy,

PLEASE listen to the older folks here on the forum. What they are trying to do is give you
their words of wisdom that they have gained from LIFE'S EXPERIENCES. You have not
lived as long as they have, and you really need to read/listen to what they are trying to
tell you; and please don't get all bent out of shape over every little thing.

[Big_Boy_4005]

Thanks Cherokee, it's nice to know that people are seeing this message here, even if the one for whom it was intended, will not acknoledge it. I hope he gets the message too. It would save him the embarassment of having it become a topic.[;)]

[Anonymous]

Guys,
Thanks for the wisdom and I will alwayes use it in life and I will getting bent out and Doggy is happy because the CUBS WON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

DOGGY
GO CUBS

[Big_Boy_4005]

I can already see that you are in a pretty good mood, now let's try to maintain an even strain throughout the season, there are only 150 some odd games left.

When you are angry about something, be it Baseball, Trains or anything else in your world, DON'T POST ABOUT IT!!!! Find another way to vent. We will always be here when you are ready to talk in a calm sensible manner. OK? Thank you. [swg]

[Anonymous]

Ok I will not talk about my angreyness now back to the derailment the Damage Reports have came out now we could have 5 cars bound for the Scrapper
P42 82 which Doggy has a photo of $50K
Baggage 1223 $55K
Sleeper 32036 $2 Million
Diner 38009 $ 2 Million
Lounge 33013 $ 700K
Coach Smoking ADA 31592 $700K
Coach 34069 $ 650K
Coach 34087 $ 350K
Sleeper 32005 Just Rebuilt $215K
Coach 34135 Deadhead $176K
We will prorably not see (fursure) 32036 and 38009 is in stone but prorably not for 33013, 31592 and 34069

DOGGY

[csxengineer98]

im a BUM...and in your HOTSEAT.... get over yourself little boy.... you have got alot to learn about life....someone needs to knock you down a few rungs for your smart mouth.... if anyone in here is a BUM...its you.... you are going to have a long hard life ahead of you if you dont change your additude.....you need an butt wopping...and if you keep up your additude..at somepoint someone is going to give it to you....and maybe you will learn to think befor you open your mouth... so..in short....... if you dont know what your talking about...SHUT UP
csx engineer

[csxengineer98]

QUOTE: Originally posted by Big_Boy_4005

Doggy, don't blame CSX and Ed for the Cubs, I was the one that dragged the Cubs into this converstion. Go back and read that part.

Consider yourself lucky that you are a Cubs fan, it could be worse, you could be a RED SOX fan!!!! I have been a TWINS fan all my life, and was there in 87 and 91 when they won it all. The team and I are almost EXACTLY the same age. Actually the Twins played their first game in April of 1961, and I was born in May. This is my 17th season with season tickets, and YOU ARE HOW OLD?????

I'm afraid you have a lot to learn about trains and about life in general. I have loved trains all my life, which is a lot longer than your's. I don't claim to know everything about railroads that's part of the reason I come here, TO LEARN!!!!

CSX and Ed, and a bunch of the other members, come here to share their knowledge and experience about railroads. The secret is to LISTEN!!!! I suggest you spend more time READING / LISTENING, and less time TALKING / TYPING, and you will get a lot more value out of the time you spend here.

As for all of your sources for information, and re-reporting, don't believe everything you read, since a lot of people don't believe everything you write. Try to seperate fact from fiction, there are a lot of people saying all kinds of things out there, much of which is crap.

For you to do as your name implies, and "fetch the newspaper" and bring it here, is not really what the members desire, because it is often covered in doo from the yard. I think that most her would agree that they perfer their Doggy to be loyal and faithful companions, and not disruptive by barking constantly or a burden to be cleaned up after.

So, let's see if we can give you a little TRAINING: DOWN, good boy!!! (here's a treat)[swg]

i have been trying to get this point across to doggy for weeks now...
csx engineer

[Big_Boy_4005]

They will salvage what they can. I suspect that there are other damaged cars hanging around that they will use for parts to repair some of these. Beside, just like Ed and I said, that's what insurance is for.

I'm not sure about this, but when Amtrak buys new cars, the ones being retired are not disposed of immeadiately, so there is some reserve in the fleet. Again, no cause for alarm.

As we have seen, in less than a week things are pretty much back to business as usual. The investigation will go on for months, and we will wait to see if our guesses were correct as to what happened. After you've seen enough of these things, they become rather mundane. [sigh][zzz][zzz][zzz][swg]

[Big_Boy_4005]

Easy now CSX, I'm guessing that you found Doggy's post before mine. I think we are making progress with our "young friend", let's see if we can keep him from derailing again.

The secret is, even when we are frustrated with things we see here, to not respond with anger. This is a very difficult medium to work in, because all we have is text and smileys. I try to bring understanding, common sense, and wit, as these are my best tools.

It takes a lot of practice and patience to learn to defuse volitile situations. I think I have spent at least 10% of my posts doing just that. I spend most of my time on the CTT and MR forums, and actually have a bit of a reputation in those circles. People actually email me from time to time, when ugly situations arrise, and I try to intervene, and have had some pretty good luck. I always like to help, even if sometimes it isn't train related.

My only regret is that there is no MONEY in this.[swg]

[csxengineer98]

QUOTE: Originally posted by Big_Boy_4005

Easy now CSX, I'm guessing that you found Doggy's post before mine. I think we are making progress with our "young friend", let's see if we can keep him from derailing again.

The secret is, even when we are frustrated with things we see here, to not respond with anger. This is a very difficult medium to work in, because all we have is text and smileys. I try to bring understanding, common sense, and wit, as these are my best tools.

It takes a lot of practice and patience to learn to defuse volitile situations. I think I have spent at least 10% of my posts doing just that. I spend most of my time on the CTT and MR forums, and actually have a bit of a reputation in those circles. People actually email me from time to time, when ugly situations arrise, and I try to intervene, and have had some pretty good luck. I always like to help, even if sometimes it isn't train related.

My only regret is that there is no MONEY in this.[swg]

it is so hard to keep my cool when smart mouth kids disrespect you... anymore anything i say..doggy has a smart *** comment...even if it has nothing to do with him... and im getting fed up with it... the child dosent want to learn...he says one thing..and dose another... he kisses butt when he is backed into a corrner by all of you...but has to make smart comments to me...why should i just sit back in take it... the boy needs an additude ajustment..... the kid has no intrest in learning anything from me... just confrentation... maybe he gets his rocks off by trying to get me worked up..i dont know...but the bottom line is.....he needs to sit down and keep quite...and learn when he should do just that....
csx engineer

[UPTRAIN]

U never know...Beech Grove can work magic [;)]

[Big_Boy_4005]

I have had many of those same thoughts CSX, as I have read through some of the stuff here. It is difficult to read and not comment.

Another secret is to say TO YOURSELF, that little [censored][censored][censored]he doesn't know[censored][censored][censored]. And then firmly correct the inaccuracies in his statements without getting personal. I hope that after a while he will stop making silly remarks, because we will all stop responding in an angry way, thereby removing any pleasure he may derive from our reactions.

By the way, I don't mind having this discussion out in the open. Letting him know our feelings and plan, may lead to faster results. Rather than chase him away, I perfer to see him become a productive member of the group.

Did you ever have any dealings with Dougal??? He didn't have quite the mouth, but his youth was difficult to deal with. That boy has come a long way. Hang in there.[swg]

[Anonymous]

I never had an issiue with Dougal He seemes like a Nice Guy. Also I will agree It's difficult to read to CSX Posts and not respond and I would like to see him a productive member and if he follows to our plan I hope he stops making silly remarks

DOGGY
GO CUBS