CSX Not Liable in Fatal Alabama Train Crash, Jury Finds

December 17, 2009

  • December 17, 2009 at 8:10 am
    Paul Masley says:
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    Every since I was a little sprout, I was warned about railroad crossings. Regardless if there were barriers, signals and signs, the response was to stop, look and listen. As an adjuster, I have worked quite a few claims where vehicles have attempted to tangle with a train. It is a losing proposition.

    And I agree, some crossings are degraded, but where in the hell is the common sense of these drivers. Oh, I know, most of them are talking on a cell phone, texting messages or have ear buds in listens to music so damn loud you can hear it outside of the vehicle. Then they come upon a crossing, never slowing down to look and play Dukes of Hazard jumping the tracks, and sometimes right into the path of a train.

    Well, who is at fault?

    Sometimes the railroad is, but when you start looking at comparative negligence, the driver of the vehicle figures quite high a percentage. Most crossings are either marked with signs or signals. Some with even paint on the roadways indicating the crossing.

    I did not really dig into this case to see if the driver died, but into taken account that he is responsible for his actions, it should have been the driver that was sued for negligence, not the railroad. But like all the ambulance chasing attorneys out there, the driver more than likely did not have the pot to pee in or the door to throw it out of so they went after the deep pocket, the railroad.

    Now, since they have lost, the railroad should be able to file suit against the attorneys and their clients for recovery of their expenditures. But, no they can’t. It would not be fair. This is one part of our legal system that needs changed. You bring a suit, you lose, you pay the cost,

    ALL OF IT!

    Just maybe, but very damn doubtful, if this would happen, we would finally see some justice in our court system.

  • December 17, 2009 at 3:31 am
    BigFish says:
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    The loser should pay, but then a lot of plaintiff lawyers would be out of work. They would have to resort to a life of crime.

    Glad to see some sanity prevail in my adopted “Sweet Home Alabama”!!!!!

  • December 17, 2009 at 6:31 am
    Paul Masley says:
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    Well, what do you call what the plantiff lawyers do now. They “Sure Ain’t Robinhood!” They are lower than sea slugs the way they suck the life out of our justice system.



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