Western Railroad Discussion > Lawsuit filed for teenage injured by train in South Austin

As I understand it, the father of the teenage girl hit and injured by a train around 5:30 AM about a week or so ago has filed a $1 million dollar lawsuit against UP railroad.

It was dark, she was walking on the railroad tracks, I guess she could not hear the train blowing the horn  trying to warn her, headphones or ear buds, we heard it because we live about 1/2 mile away, she was tresspassing, I guess she could not read the signs.
On and on and on.

Luckily she only had a leg injury. 

This is now a quite zone crossing, maybe UP should start blowing their horns again.

There are times when I am on Stassney Lane at the crossing it is not unusual to see high school students walking either in the center of the tracks are along the right of way, guess they also cannot read the signs.

Also several high school student have been killed in this area.

It's really sad that the railroad will have to paid for stupid parents and teenagers.

Pat
South Austin, TX

The railroad should pass it on to the city due to the quiet zone.  But then again, you can't cure stupid!

Rob

OregonOldGuy Wrote:
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> The railroad should pass it on to the city due to
> the quiet zone.  But then again, you can't cure
> stupid!
>
> Rob
Old Guy, Insensitive though you are, you are correct....think Down's Syndrome, etc.  Ignorance, which was probably the case here, CAN be cured through education.  Same with the apparent total lack of situational awareness....the absolute worst symptom of this goddamned electronic device era. 
AA

Stanford White
Carmel Valley, CA

,






Hopefully the legal system will prevail. Unfortunately, when you place yourself, where you have no business,

there may be a price that you pay for your actions. The real court action here should be against the parents

for not teaching their child this important life lesson. " To respect the property and rights of others"  Had they 

done so, their daughter would not have had to have  this experience. Hopefully she and they learned something

from this.  It's unfortunate that the UP has to defend it's self against these kind of actions.

 
 

Maybe the UP should sue the teenager and the parents for the delays caused by her trespassing on railroad property, and  the trauma and suffering of their employees who could not possibly have avoided hitting her due to her actions.  Maybe the UP should also file a criminal complaint for trespass against the teenager.  Cold-hearted?  Maybe.  But it should be obvious to all by now that being "compassionate" and "understanding" concerning trespassers on railroad property has accomplished nothing except having more trespassers, more injury and death incidents, more tagging, more vandalism,  more thefts on railroad property, and more BS lawsuits like this one.  The parents in this case, especially, need a major league slap down.  It was their stupid kid's fault that this incident happened.  She was where she had no business being and she apparently ignored repeated audio warnings to get clear of the track.   Now, in addition to the trauma the train crew suffered from the incident itself, they also get to suffer the trauma and stress associated with their employer being sued for an incident for which they have no guilt or culpability. 



Edited 1 time(s). Last edit at 03/17/17 19:41 by WW.

A lawyer can demand  $1 Million, not get it and then sue. But he will still have to prove his case in a courtroom, which is not easily done in a trespasser case - even in Texas.

> It's really sad that the railroad will have to
> paid for stupid parents and teenagers.
>
> Pat
> South Austin, TX

Are there any schools, grades 1 thru 12 that provide any education in safety around railroads?

Cheers,
Jack



Edited 1 time(s). Last edit at 03/17/17 21:54 by africansteam.

In all probability the $1 M claim for a relatively minor injury will turn into net $20K out of court settlement once the plaintiff's attorney views the video recording and realizes how weak his case is.

And don't be too hard on the parents. My money says it was the lawyer who sought them out and put visions of sugar plums in their heads.



Edited 1 time(s). Last edit at 03/17/17 20:01 by Chico43.

And why should the UP have to pay even one nickel for this?

WW Wrote:
-------------------------------------------------------
> Maybe the UP should sue the teenager and the
> parents for the delays caused by her trespassing
> on railroad property, and  the trauma and
> suffering of their employees who could not
> possibly have avoided hitting her due to her
> actions.  Maybe the UP should also file a
> criminal complaint for trespass against the
> teenager.  Cold-hearted?  Maybe.  But it should
> be obvious to all by now that being
> "compassionate" and "understanding" concerning
> trespassers on railroad property has accomplished
> nothing except having more trespassers, more
> injury and death incidents, more tagging, more
> vandalism,  more thefts on railroad property, and
> more BS lawsuits like this one.  The parents in
> this case, especially, need a major league slap
> down.  It was their stupid kid's fault that this
> incident happened.  She was where she had no
> business being and she apparently ignored repeated
> audio warnings to get clear of the track.   Now,
> in addition to the trauma the train crew suffered
> from the incident itself, they also get to suffer
> the trauma and stress associated with their
> employer being sued for an incident for which they
> have no guilt or culpability. 
     Sir, "stupid"?  A little grammatical correctness would be in order here......I feel certain you are talking about judgement here, not intelligence, or lack of it.  In these discussions it would be very helpful if members actually say what they mean and mean what they say.  Gratuitous personal attacks fuerther no discusions, but just throw fuel on the fire....simply not helpful for anybody.
Just sayin', AA

Stanford White
Carmel Valley, CA

WW Wrote:
-------------------------------------------------------
> And why should the UP have to pay even one nickel
> for this?

Because in the corporate world it's all about the money and a simple matter of economics. It's cheaper to pay out a comparatively small nuisance settlement than it is to go before a jury where there are no guarantees that they will prevail.



Edited 2 time(s). Last edit at 03/17/17 20:29 by Chico43.

You are right Chico.  It's the crappy lawsuit situation in Texas.  You will never get a judge to rule the suit is frivolous and award UP their attorney fees from the parents.  We call it legal blackmail.

The tort system in our country is in dire need of a major overhaul. How often do you hear of frivolous law suits?  They'll probably settle out of court for an undetermined amount with the attorney getting his/her 30 or 40 percent unless UP is concerned with setting precedent for future cases such as these.

africansteam Wrote:
-------------------------------------------------------
> Are there any schools, grades 1 thru 12 that provide any education in safety around railroads?

I want to answer this with I HOPE NOT, because common sense should be taught at home, by Parents.

But, in today's world, at least in the US, the parents are not responsible for anything their children should be learning at home.

Who teaches children at young ages to "Not play in the street" ...or "Don't stick that fork in the wall outlet"  ...... Or "Only cross the street at the corner" .... and on and on.....

Railroads are not NEW. They've been around for over 200 years. EVERYBODY in the United States knows what they are and what will happen if you do stupid stuff around them.

Ron

Juries are redistribution machines. Taking from the rich, bad corporations and giving to the "victims".

No company wants to go before 6 civil jurors regardless of how strong their case is.

Posted from Android

Mr White, your comment about grammer is not needed we, at least most of us know what is ment here so we dont need your help on that. And stupid it is as the train crew will now be subject to reliving the whole event also unless you have witnessed such an event or
had to clean up after one dont even think you can immagin what its like. I did over the years being a tow truck driver and first responder, it stays with you for years some of them.
The RR should be sueing the estate to recover that would help stop the lawers even bringing such a suit.  Oh am sure you will and feel free to do so pick mine apart also.

Chico43 Wrote:
-------------------------------------------------------
> WW Wrote:
> --------------------------------------------------
> -----
> > And why should the UP have to pay even one
> nickel
> > for this?
>
> Because in the corporate world it's all about the
> money and a simple matter of economics. It's
> cheaper to pay out a comparatively small nuisance
> settlement than it is to go before a jury where
> there are no guarantees that they will prevail.

I know this--I watched it in action in my previous work on a daily basis.  It's still wrong.  As to the other post, "Don't be too hard on the parents . . .", while I don't have much respect for the legal profession--especially ambulance-chasing tort laywers, it is important to remember that every lawyer has a client.  So, the parents are every bit as unethical as the attorney filing the lawsuit on their behalf.

Regarding the question about K - 12 education, the county I live in has a very aggressive education program. A new commuter train is due to start in a few months and the district and counties have used the construction time to educate the public. School programs continue as the start date approaches.
Time will tell how effective the program is.

Posted from iPhone

Ron Wrote:
-------------------------------------------------------
> africansteam Wrote:
> --------------------------------------------------
> -----
> > Are there any schools, grades 1 thru 12
> that provide any education in safety around
> railroads?
>
> I want to answer this with I HOPE NOT, because
> common sense should be taught at home, by
> Parents.
>
> But, in today's world, at least in the US, the
> parents are not responsible for anything their
> children should be learning at home.
>
Ron, I agree with what you are saying, but your second paragraph rreveals why the schools might be more effective than the parents who probably have no clue as to the dangers that exist around railroads. Also, sometimes the message is more effective when it does not come from the parent.

Cheers,
Jack

I totally agree, the railroad should file a counter lawsuit.  Emotional trauma for the crew, trespassing, etc.

Hopefully UP will get with the high school and have an education program that all students are required to attend, UP special agents, local police and EMS.

Maybe like the driver’s education program I took many years ago, blood and guts, pictures of folks who have been run over by a train, including vehicle collisions with trains.

Probably will not help though.

These kids now a days seem to be in a selfish world all to themselves, it is the me world, nothing else matters.

I feel so sorry for the crew and thankful the girl was not killed.


Pat
South Austin, TX