Dan Padova said:
Ed Halo said:
The strategy of libel lawyers(all honorable men) is to paint the engineer as running a train as a mounted knight charging across a battlefield, hence the phrase, “charging down the track.” AN engineer could be charged with manslaughter and the railroad held libel if a jury ruled that the engineer did not do all possible to avoid hitting the person on the tracks. With the recording devices in modern locomotives, an application of “emergency” had better be recorded for the aftermath of any fatal accident. The decision of indicting or not indicting is with the local/county DA. and is obviously a decision that can be politically based.
Because of the financial robustness (massive assets/property) the railroads are, to some degree, held libel in nearly all accidents, but rarely criminal libel. Libel claims are formulated on percentage of fault, and judged by one , six, or eight jurors. None will have any RR experience.
Great Case. A carwith family inside, is sitting at a road crossing with its gates down and lights flashing while a Santa Fe train passes at a high rate of speed. A large truck rear-ends the car with sufficient force to push it into the moving train. Fatalities ensue.
Guess who was held libel???
Ed
Other than applying the brakes, a risky decision in most cases I’m sure, what more can an engineer do? To me, that one action encompasses “all an engineer can do”.
Do you remember that video from the “Big Boy” transfer? An Intermodal freight approaching at yard speed, one yahoo in a hoodie “not hearing” the incessant horn of the lead engine. Good thing someone grabbed that imbecile out of harms way.
All this going on in a yard where everyone with just a slight leftover of brains will look out for trains.
Yep, the gene pool needs some extra cleaning, I just feel sorry for the train crews who have the hassle and the nightmares from those actions.