This one really tweaks my turnip.
http://www.local10.com/video/17043287/index.html
[V]
Sad…
They even showed the no tresspassing sign on the video! [banghead] 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…
[soapbox]
FEC will most likely file their own claim against this person for damage, overtime wages and lost revenue associated by trains being delayed. This is how the carriers are recouping from lost revenue like what took place here.
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
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.
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.
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.[soapbox]
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.[V]
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
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?
Just because she’s suing dont mean she will win ! “She had an ipod in her ear” and wasnt paying any attention to where she was,let alone “thinking” of a train being on the track…What was she thinking? Certainly not about where she was !
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.
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.
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…