Western Railroad Discussion > UP Sued over Midland accident

http://www.chicagotribune.com/news/sns-rt-us-usa-texas-crashbre8as00y-20121128,0,469108.story

Though I think everyone knew this was going to happen, gates working or not.

"Disregarding active warning signals is extremely dangerous and we urge drivers to stop once the red flashing lights and bells activate."

I sure hope the UP learns its lesson. Next time the engineer had better swerve out of the way!

Just a simple thought here - not every post or information shared needs to be commented upon.

You're right,

I just learned that the 20 second warning time was suppose to be a 30 second warning time. 20 seconds still gives a drive AMPLE time to react (slow down, stop, have a conversation with the passenger, get a drink of water, look in the rear-view mirror at the car behind you) and finally see the train go by. There's no excuse. I'm sure others agree and disagree, we are all entitled to our own opinions and outlooks.

AlbinaRunThrough Wrote:
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> You're right, ... we are all entitled to our own opinions and outlooks.

Yes, we are. However, we don't have to share them!



Edited 2 time(s). Last edit at 11/28/12 17:50 by iliketrains.

Litigation following a community tragedy is rarely attractive.

It's sad these folks are dead and others injured in what was supposed to be a celebration honoring them.

Railroads in Texas have long been a target of greedy lawyers in crossing accidents. In spite of the railroads not being negligent in anyway at lighted and or lighted and gated crossings, juries have continued to pile it on the railroads and render verdicts that just leave you wondering what the hell ever happened to justice.

The cameras in engines is a direct result of those verdicts. The railroads felt that if juries could actually see the stupidity of drivers that they would start rendering reasonable verdicts in their favor. Reasonable verdicts, meaning no negligence on the railroad and no recovery for the plantiffs and their lawyers when someone goes around gates, etc.

http://extras.mysanantonio.com/pdf/TrainWreck_Lawsuit_Petition.pdf

Check this pdf out. Look at all the 28 reasons the railroad is "at fault." Some of the reasons are just out of comprehension.

Posted from Android

Lawyers. Follow the money.

Well from what I have read about this tragedy, (and I could be wrong here, but I don't think I am), I was under the impression that the NTSB ruled the crossing was working properly (which should take care of many of the 28, I was under the impression that the parade organizer didn't obtain a permit, thus the railroad was not notified of the parade, which should take care of a few more of the 28... lets hope that a jury of people with common sense get called for this.

it's simple ... the promoters of the event who apparently didn't inform the railroad that a parade event was scheduled for that day and maybe not have applied for a permit(speculation) are ultimately responsible as well as the negligent driver that the promoters hired ... between them they should be charged with negligent manslaughter for putting people in their event in harms way

and you wonder why the railroads are closing every crossing they can and refusing new ones, everyday.

The public needs a road over the private property that railroads are, the public needs to build a bridge or do without.

Unfortunately, people that the plaintiff's attorneys determine do indeed possess common sense will most likely NOT be chosen for the jury.

Yes, I know they do it in parades all the time, but is it legal for anyone to ride on the back of a flat bed semi on a public highway? It was a commercial vehicle. That probaly should never been allowed crossing or not. It's not even legal to ride in the back of a pickup.

Posted from Android

Heck... even out in Campo, Ca, when the local bike rides cross the railroad tracks, the organizers contact the railroad DS. Even though no train has been over this crossing in years, they still take the time to contact the DS. If there will be trains over the crossing the crew is certainly notified, but the riders are instructed to obey traffic laws. Since there is a stop sign on both sides of this crossing that would fix the problem, but since it's on a hill, we know the bike riders just run the stop.

This is truly a complete tragedy in every meaning of the word. Clearly, the driver of the truck made a terrible decision which resulted in this collision. At Operation Lifesaver we teach that 'if you don't fit, don't commit.' Secondly, it was incredibly poor planning to route a parade over a busy mainline -with or without notification of the U.P. Naturally, the attorneys will go after the U.P. due to deep pockets. This reminds me why sharks don't eat lawyers -professional courtesy.

Posted from iPhone

but is it legal for anyone to ride on the back of a flat bed semi on a public highway? - - - -

Did the folding chairs meet National Highway Safety standards for seats installed in a vehicle, and were they equipped with lap and shoulder belts as required by federal law?, Were they attached to the flatbed truck in accordance with applicable federal safety standards?

How about the train crew? Just think what a thoughtless act has cost them for the rest of they're life? Food for thought???

Posted from Android

seaboardc30-7 Wrote:
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> but is it legal for anyone to ride on the back of
> a flat bed semi on a public highway? - - - -
>
> Did the folding chairs meet National Highway
> Safety standards for seats installed in a vehicle,
> and were they equipped with lap and shoulder belts
> as required by federal law?, Were they attached
> to the flatbed truck in accordance with applicable
> federal safety standards?

Exactly. It's in the FMSCA rules & regs. Everybody's gonna get sued.

As a railroad employee I've often wondered why the EMPLOYEES involved in something like this don't sue the lawyer for bringing the case and the people who placed themselves in this position for the "mental anguish" the crew now endures; bascially take the "reward for stupidity" away from the plaintiffs.

BTW, before I get roasted for attacking these veterens I am only making this comment in a very general sense and not about this incident itself.



Edited 1 time(s). Last edit at 11/28/12 20:24 by Railbaron.