Amtrak sued in teen's death

Amtrak Unlimited Discussion Forum

Help Support Amtrak Unlimited Discussion Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Status
Not open for further replies.
This guy thinks a train engineeer can just see someone and stop the train? This is not Amtrak's fault, why didn't the teen take basic precautions to avoid getting hit?
 
Last edited by a moderator:
"Deep pockets" theory practiced by ambulance chasers. Hoping for some kind of settlement from somebody.
 
Sadly, they'll probably settle with the railroads agreeing to pay them, while not admitting fault. Just once I'd like to see the railroads win a counter suit for the damages and service disruption and the crew follow through and win their own lawsuit for "pain, suffering, mental anguish, loss of enjoyment of life and any other remedies the court might find “just, equitable and proper.”"
 
From google maps the road that the railroad was crossing doesn't even looked paved and only serves a handful number of houses. If he was walking parallel to the tracks on route 142 and turned to walk up the street, I am not sure how he could not have seen a train coming, heard a train coming, or even felt the train coming through the ground. The article makes it sound like the engineer just plowed the kid over without even trying to stop. Trains take a long distance to stop.

Also, it would be this kind of area that the people would probably complain about the train horns and would want them silenced. I hope the engineers are really laying on the horn for this crossing now.

I feel sorry for the family and I could see the lawsuit to recoup expenses but "damages for pain, suffering, mental anguish, loss of enjoyment of life and any other remedies the court might find “just, equitable and proper."
 
The train failed to swerve out of the path of the car. It won't be difficult to convince a jury.
 
Last edited by a moderator:
While I agree with the concept of the RR's counter-suing, I fear it would make for dreadful press. "Boo Hoo, Sob, Whimper, My boy is dead and now they're coming after me for money" splashed all over the evening news is something neither Amtrak or the host RR is going to want to see.
 
Are kids no longer to taught to look both ways before crossing anything? I think that was one of the first things I was taught along with don't talk to strangers.

I'm sorry for the child, and if the train indeed did not sound a horn he's probably going to win. However, unless the child is deaf, how can you not hear a train coming? Not only can you hear them, you can feel them.

I don't know. Seems people no longer display common sense nor teach children anymore.
 
"The filing also claims the railroad failed to clear vegetation from around the crossing, to provide adequate sightlines around it, and to properly mark the crossing." And if the RR doesn't own said vegetation? Was there a crossbuck there?
 
Sadly, they'll probably settle with the railroads agreeing to pay them, while not admitting fault. Just once I'd like to see the railroads win a counter suit for the damages and service disruption and the crew follow through and win their own lawsuit for "pain, suffering, mental anguish, loss of enjoyment of life and any other remedies the court might find “just, equitable and proper.”"
In the last 18 months or so, there actually was a case that the judge dismissed saying that he had to defend common sense. In Illinois, I think.
 
No, we hate them too. Just because we need something doesn't mean we like it.
 
A couple three weeks ago here (RDD) we had a similar "accident" - young twentysomething (22, 23?) walking down the UP tracks (btwn the rails) lost in their iPod. The headlines were: "iPod survives, teen doesn't" ... which apparently was the case, in that the rescue people found the iPod blaring away entangled in the corpse, earbuds still plugged in. Coroner found no drugs or alcohol in the blood. Haven't heard anything any litigation, yet. And given that we're 5 or 6 miles away from the UP line, and at night can hear the trains sounding their horns at the two same-level crossings [others are overpasses or underpasses] - it would be hard to claim that the train snuck up on anyone without warning (not lost in their iPod).
 
Lawyers.
Everything wrong with America today.

(ok, just most of it)
Sadly, if the lawyers didn't have clients, they'd have gone out of business long ago... does one blame the gun (and/or the manufacturer) for shooting somebody, or the person that pulled the trigger?
 
it would be hard to claim that the train snuck up on anyone without warning (not lost in their iPod).
I remember hearing about this and I had an opportunity to test it (safely, of course).

Part of my commute to work involves a walk here: http://bit.ly/15GpeXa I routinely have earbuds in, at about 66%. After hearing about that kid, I started paying attention if I could hear trains coming up behind me. Now, granted, I had another 40 feet laterally and 15 feet vertically, I was stunned to find how difficult it was to hear a train at almost any volume level.
 
I WISH I had the money..........

On behalf of the C & E, sue the parents for

not teaching common sense

Pain and suffering to the C & E for the trama

on behalf of all the passengers for being inconvienced

and what the hell, I'll kick in for tar and feathers for the lawyer

sorry, I'm just tired of stupidity ( other than mine )
 
"Deep pockets" theory practiced by ambulance chasers. Hoping for some kind of settlement from somebody.
The problem is, it works. I am sure its well known that most of the time, you get a nice sized settlement. Very little risk (for the lawyer), for a lot of cash (again, for the lawyer).
 
Lawyers.
Everything wrong with America today.

(ok, just most of it)
Sadly, if the lawyers didn't have clients, they'd have gone out of business long ago... does one blame the gun (and/or the manufacturer) for shooting somebody, or the person that pulled the trigger?
Big difference. One of them has no ability to think rationally or do the right thing. The other is just a piece of manufactured metal.
 
Last edited by a moderator:
Doesn't everyone recognize that the media no matter what the circumstance, always sees any accident on the rails as the trains fault!

Case in point; a truck ignores and goes around a grade crossing and its reported "Amtrak train hits truck". Same situation occurs when a car or person does this. Prejudicial reporting against Amtrak by the media is the rule..
 
Doesn't everyone recognize that the media no matter what the circumstance, always sees any accident on the rails as the trains fault!Case in point; a truck ignores and goes around a grade crossing and its reported "Amtrak train hits truck". Same situation occurs when a car or person does this. Prejudicial reporting against Amtrak by the media is the rule..
How does a factual statement that the train hit the truck imply blame on the part of the train? It is a statement of how the velocity vectors of the 2 vehicles interacted, nothing more. When a truck hits the side of a train at a grade crossing (which apparently happens more often to long freight trains than I would have guessed), the new reports state that the truck hit the train. Which is again a factual statement.

As for the lawsuit, there was a death. There may be a legitimate question as to how well marked and maintained the crossing was. Amtrak and the railroad have legal departments which will handle the lawsuit. They are big boys, they can deal with it.
 
When I read such a headline, I don't take it as the train's fault, and I don't think most other people do, either. The train DID hit the truck, but only because the truck was on the tracks. I think most people totally understand that and don't read anything else into it. It's just the easiest way to state it in a very few words. I don't recall ever hearing anyone blame the train when such accidents have been discussed in my presence.

It's an unfortunate thing that people are so lawsuit-crazy nowadays, even for things that are obviously their own fault as in this case. And, when a corporation is involved, often they just make a settlement rather than bothering to go to court. I don't think it's fair to blame the lawyers, except for the ones who are the ambulance-chasing minority. It's the clients who do the suing.

Edit: afigg's posted while I was typing.
 
Last edited by a moderator:
Status
Not open for further replies.
Back
Top