"Who hasn't looked away from the wheel to hand their kid a sippy cup or to answer a phone call?' Menken said. "It's hard to get from there to criminal negligence.'

Not if it's your JOB to drive and you have the lives of people in your hands, lady.

"This driver has an obligation, a moral obligation, a duty really, to protect the passengers that are under his control."

solemn duty?
honor-bound, solemn duty?
oath-sworn, honor-bound, solemn duty?
oath-sworn, honor-bound, solemn duty under penalty of negligence?
oath-sworn, honor-bound, solemn duty under penalty of criminal negligence?
oath-sworn, honor-bound, solemn duty under penalty of gross criminal negligence?
oath-sworn, honor-bound, solemn duty under penalty of gross criminal negligence?

My nu model T is da b's knees. 4 2 da floor. 23 ska du. Mittens: just ran n2 horse

MasterThief: Not if it's your JOB to drive and you have the lives of people in your hands, lady.

THIS! As a train driver your job is to ensure the safety of your passengers which is top priority.

No offense, Menken, but if everyone jumped off of a bridge, I would still expect my subway driver to keep it on the rails crossing the Longfellow. Thanks.

Is "everyone else was doing it..." really a plausible defense these days? Geez.

If a train conductor is drunk, would she say, "who hasn't needed to drive home from the bars once in a while?"

If I take my seatbelt off at a stoplight to grab something that fell on the floor, chances are the cop next to me isn't going to stop and give me a ticket. If I promptly take my foot off the brake and T-bone someone driving through the intersection, then I deserve to get arrested for my stupidity. While I'm sure what he did is a violation of every bit of his job description, it's also about the outcome of the act. If his boss caught him texting and no one got hurt, he should be fired. Because someone got hurt, he should face criminal charges.

"Who hasn't looked away from the wheel to hand their kid a sippy cup or to answer a phone call?' Menken said. "It's hard to get from there to criminal negligence.'

Me.
If my daughter would have been on that train, I'd be pushing for more than criminal negligence.
I am sorry, but if you have this sort of job (plane, train or automobile) you should be held to a higher set of standards.

Drivin' that train,
Updatin' his page,
Casey Jones you better
stop tweeting...

Aiden Quinn???

He's looked better...

I wonder who invented the train phone and wonder if it cause train accidents for those conducting the train...

P-U-T-H-I-M-I-N-J-A-I-L


[SEND]

sounds like a civil case and not a criminal one.

Shut up, you old... clerk guy.

No way he has a girlfriend.

They even said he never actually sent the text.

minnesotaboy: Aiden Quinn???

He's looked better...

I was thinking- has Aiden Quinn been cast as Chunk in the Goonies remake?

Wow, she should have a much easier time getting dates when she finishes becoming an overweight male.

His lawyer called it an accident huh? I bet she'd change her tune, if a relative of hers was on that train. Lawyers suck.

minnesotaboy: Aiden Quinn???

I thought that name sounded familiar.

MasterThief: "Who hasn't looked away from the wheel to hand their kid a sippy cup or to answer a phone call?' Menken said. "It's hard to get from there to criminal negligence.'

Not if it's your JOB to drive and you have the lives of people in your hands, lady.

Thanks. Just wanted to make sure I wasn't the only one. That's pretty much as far as I got in the article and thought "WTF is to debate here?"

This lawyer sucks, true. She was probably his last option after fifteen other lawyers said they wouldn't take the case.

Last time I checked, blow up dolls do not have the ability to text.

.-.. --- .-.. .-- ..- -

At least he didn't crash his train

TeddyRooseveltsMustache: His lawyer called it an accident huh? I bet she'd change her tune, if a relative of hers was on that train. Lawyers suck.

They do, but do you think he crashed it on purpose?

toonz: TeddyRooseveltsMustache: His lawyer called it an accident huh? I bet she'd change her tune, if a relative of hers was on that train. Lawyers suck.

They do, but do you think he crashed it on purpose?

It doesn't matter that he didn't do it on purpose. He distracted himself from his duties. He is at fault for the whole situation.

maniacbastard: Maximum sentance of three years you say. hmm. Put a mop on him and he'll look like a rosy cheecked fat chick. And bet he has nice squeezable man boobs to.

Funny you mention that... (new window, SFW)

Nakito: .-.. --- .-.. .-- ..- -

Now you're speakin' my language.

""Who hasn't looked away from the wheel to hand their kid a sippy cup or to answer a phone call?' Menken said. "It's hard to get from there to criminal negligence.'"

Uh...no.

I've driven beside people texting on their phones. I will literally flip them off for 20-30 seconds straight and they won't notice it. Think they'd notice a kid running out in front of them?

and yes, in most cases they left their designated lanes multiple times, all while going about 5-10 mph under the posted speed limit.

If you THINK you can drive and text/talk "just fine", ask everyone driving around you, I guarantee they won't agree with you. Drunk people usually think they're driving "just fine" too right up until they end up in a ditch or wrapped around a telephone pole.

Innismir: maniacbastard: Maximum sentance of three years you say. hmm. Put a mop on him and he'll look like a rosy cheecked fat chick. And bet he has nice squeezable man boobs to.

Funny you mention that... (new window, SFW)


Really, who cares if the driver was transgendered? Its not relevant to the story.

Maybe they should make the engineers ride on the front of the train:
1) they'll act like bumpers in a crash
2) they'll be reeeealy motivated not to crash

Some napkin math, someone verify this please.

25 mph and went for 600 feet without looking.... so 16.6 seconds not paying attention? Seems like long time not to be driving/operating a train.

MasterThief: "Who hasn't looked away from the wheel to hand their kid a sippy cup or to answer a phone call?' Menken said. "It's hard to get from there to criminal negligence.'

Not if it's your JOB to drive and you have the lives of people in your hands, lady.

Amen. And that applies to each of us driving our cars as well. You think that 'I killed that pedestrian because I had to hand a sippy cup to my baby' is going to hold up in court?

Oh, and Car & Driver did a great test on texting (new window). Keep in mind how optimal the conditions were, and how much of an impact texting had on reaction times.

Your point?

Dialing a phone number on your cell is the functional equivalent of texting. It's not the talking that's so dangerous; it's the dialing.

TeddyRooseveltsMustache: toonz: TeddyRooseveltsMustache: His lawyer called it an accident huh? I bet she'd change her tune, if a relative of hers was on that train. Lawyers suck.

They do, but do you think he crashed it on purpose?

It doesn't matter that he didn't do it on purpose. He distracted himself from his duties. He is at fault for the whole situation.

I was just pulling your leg
It's still an accident. Otherwise, I totally agree with you and it doesn't absolve him of any responsibility for what happened.

Ummm I hate to be the one, but...


This little farker is 24 farkin years old! and is in command of a train full of people!!


Bastage cannot even rent a car but gets to run a train!!!


hows about letting him co-conduct until he's 25 or so before letting him slam a few passengers into the back end of another train?

Is the T spokesperson required to refer to this person as a he? If I'm waiting to have an operation to become the spitting image of Napoleon Bonaparte can I force the press to refer to me as "emperor"?

TeddyRooseveltsMustache: toonz: TeddyRooseveltsMustache: His lawyer called it an accident huh? I bet she'd change her tune, if a relative of hers was on that train. Lawyers suck.

They do, but do you think he crashed it on purpose?

It doesn't matter that he didn't do it on purpose. He distracted himself from his duties. He is at fault for the whole situation.

Then why does it matter if a relative of yours is on the train or if it was all total strangers? He is equally at fault either way.

neglogon: If my daughter would have been on that train, I'd be pushing for more than criminal negligence.

Same question for you.

ihatedumbpeople: I've driven beside people texting on their phones. I will literally flip them off for 20-30 seconds straight and they won't notice it. Think they'd notice a kid running out in front of them?

Yea, because someone flipping the bird in the driver's seat of a car next to you is exactly as visibile as a kid in the street in front of you.

Also, how do you know they didn't notice? Did you stare at them for 20-30 seconds straight to check? Way to pay attention to the road.

book, him, throw.

Tarzan angry.

Car_Ramrod: TeddyRooseveltsMustache: toonz: TeddyRooseveltsMustache: His lawyer called it an accident huh? I bet she'd change her tune, if a relative of hers was on that train. Lawyers suck.

They do, but do you think he crashed it on purpose?

It doesn't matter that he didn't do it on purpose. He distracted himself from his duties. He is at fault for the whole situation.

Then why does it matter if a relative of yours is on the train or if it was all total strangers? He is equally at fault either way.

I don't think his lawyer would be defending him, if someone from her family had been hurt in the incident.

Good. My wife takes that train every morning. (She was maybe 15 minutes ahead of the crash that day, thank god, but could just as easily been on that train.) His self indulgent idiocy hurt and crippled people for life. I hope the pudgy little farker gets shanked in the prison shower while performing his 1,000th involuntary beej.

/His scumbag lawyer, too.
//You bet I'm pissed.

If we're going to use a 100 year statute to prosecute, why not use a 350 year old punishment and hang his carcass in the middle of Boston Common?

I wonder if "his" lawyer will now argue that "he" has to go to a woman's prison.

If not... yoof.

OtherLittleGuy: If we're going to use a 100 year statute to prosecute, why not use a 350 year old punishment and hang his carcass in the middle of Boston Common?

Actually, from a gibbet on Long Wharf would be more apt. But I like the way you think.

"After the crash, the T initiated the strictest cellphone ban in the country, prohibiting its drivers from carrying any kind of electronic device on a train or bus."

If only there was some way we could call the engineer and tell him the bridge was out...

TeddyRooseveltsMustache: I don't think his lawyer would be defending him, if someone from her family had been hurt in the incident.

I would assume that would be because of conflict of interests, as it is my understanding that a good lawyer puts their personal emotions aside when defending their client.

If only there was some way we could call the engineer and tell him the bridge was out...

You mean like via the radio that connects every car to every other car? Or the signals along the track? Or the electric breakers then can be cut?

Why get all creative by dredging up a 100 year old law that's never been used. Wouldn't plain old negligence work just as well? It seems like the prosecutor is just asking for complications by going in this direction.

Car_Ramrod:[...] Did you stare at them for 20-30 seconds straight to check? Way to pay attention to the road.

I was just about to going to ask ihatedumbpeople that.

I was pulled over by a policeman once after he followed me for about 5 miles sitting in what he thought was my car's blind spot.

First "Do you know why I pulled you over?" I fibbed and said "no" though I had already guessed. "Didn't you notice me beside you?" he demanded.

He was more than a little irritated when I told him the freeway ramp I had seem him arriving from, how long he had been driving beside me, and pointed out that I had been carefully sticking exactly to the speed limit due to his presence. He admitted he thought I hadn't been paying attention.

But if I hadn't been, he would have been an accident waiting to happen the whole time.

Daniels: If only there was some way we could call the engineer and tell him the bridge was out...

You mean like via the radio that connects every car to every other car? Or the signals along the track? Or the electric breakers then can be cut?



Yeah, except the kid passed a yellow then red light and happened to look up then pulled the emergency brake.


If only there was an automatic stop after running thru a yellow then red light and within 50 feet of a stopped train.


if only...

SwiftFox: First "Do you know why I pulled you over?" I fibbed and said "no" though I had already guessed. "Didn't you notice me beside you?" he demanded.

Why did he pull you over?

Daniels: I wonder if "his" lawyer will now argue that "he" has to go to a woman's prison.

If not... yoof.

I was just wondering that. I'm assuming he had his addadictomy, but if he hadn't, would he go to male or female prison?

Car_Ramrod: SwiftFox: First "Do you know why I pulled you over?" I fibbed and said "no" though I had already guessed. "Didn't you notice me beside you?" he demanded.

Why did he pull you over?

DWB

Yeah, except the kid passed a yellow then red light and happened to look up then pulled the emergency brake.

I was responding to the person who suggested there is a legitimate safety reason for a driver to require a cell phone while operating a train. There is not. Because there is already a radio. And signals.

orat-on-a-stick: Daniels: If only there was some way we could call the engineer and tell him the bridge was out...

You mean like via the radio that connects every car to every other car? Or the signals along the track? Or the electric breakers then can be cut?



Yeah, except the kid passed a yellow then red light and happened to look up then pulled the emergency brake.


If only there was an automatic stop after running thru a yellow then red light and within 50 feet of a stopped train.


if only...

They're finally testing out an automatic braking system on one section of trolleys... but its on the Mattapan line, not the green line. There'd have been a system in place if the entire bureaucracy wasn't completely overwhelmed with... well, I shouldn't actually call it by its real name. I am after all a state employee as well and it could come back to bite me.

btw - Yesterday, I scored a Ticket To Ride to take the One After 909 down to Fenway Park in August to see McCartney for the first time. I've Got a Feeling it's going to one of the best nights In My Life !

Car_Ramrod: SwiftFox: First "Do you know why I pulled you over?" I fibbed and said "no" though I had already guessed. "Didn't you notice me beside you?" he demanded.

Why did he pull you over?

Yes, why??

Barnstormer:

They're finally testing out an automatic braking system on one section of trolleys... but its on the Mattapan line, not the green line. There'd have been a system in place if the entire bureaucracy wasn't completely overwhelmed with... well, I shouldn't actually call it by its real name. I am after all a state employee as well and it could come back to bite me.


I seem to remember some such attempts, hope it's soon.

btw - Yesterday, I scored a Ticket To Ride to take the One After 909 down to Fenway Park in August to see McCartney for the first time. I've Got a Feeling it's going to one of the best nights In My Life !


Lucky you. Saw him in Vegas Awsome.

ihatedumbpeople: I've driven beside people texting on their phones. I will literally flip them off for 20-30 seconds straight and they won't notice it. Think they'd notice a kid running out in front of them?

You raise some important issues.

First, you noticed they were texting while driving. This means that you must have taken your eyes off of the road and looked into their car. This must have been more than a glance if you could tell they were texting.

Second, you proceed to flip them off for 20-30 seconds. Wow, you took your hand off the steering wheel to flip someone else off. You held this position for 20-30 seconds you say?

Third, you said they did not notice you were flipping them off. This seems to me to indicate that you must have not only had one hand off of the steering wheel, but you were also staring at them for 20-30 seconds.

Fourth, the whole interaction with this other operator bothered you so much you engaged in the above mentioned behavior, which seems to indicate that you may have an anger management problem, you engage in voyeuristic behavior and you were not as focused on the road as you should be. What if there were a kid in front of you?


All that said, I think this train operator (not conductor) did engage in grossly negligent behavior. I'm expecting a plea deal and a fine. How can another train car sneak up on you? It is not Magic Mountain here.

The Green Line operator who told authorities he was text messaging his girlfriend before a serious crash

THAT has a girlfriend?

Here in NYC, the subway motormen bring their trains to a full stop in the middle of the tunnel before composing and sending any text messages.

At least, that's the most likely theory as to why the trains can't farking go ten blocks without stopping for no apparent reason.

Innismir: maniacbastard: Maximum sentance of three years you say. hmm. Put a mop on him and he'll look like a rosy cheecked fat chick. And bet he has nice squeezable man boobs to.

Funny you mention that... (new window, SFW)

Oh Christ. I sometime hate it when I am right. I hope 'he' knows that the prisoners are going to cornhole the hell out of 'him' when 'he' gets to prison.

Just because you take some pills and mutilate your genitals it doesn't change the fact that nearly every cell in the body has XX not XY. She is still a she, will she go to he prison or she prison.

If they put 'him' into male prison 'he' is farked. Not that a prisoner is that educated, but if you tell them that 'he' used to have a snatch they will put a hundred miles of penis into 'him'.

zabadu: The Green Line operator who told authorities he was text messaging his girlfriend before a serious crash

THAT has a girlfriend?

That is the best picture of that person? Note to self: I must always keep an up-to-date, presentable picture of myself for submission in case I ever get arrested, do something dumb, have an accident, or become lost.

I don't want the media showing the picture of me as Edward 40 Hands.

zabadu: The Green Line operator who told authorities he was text messaging his girlfriend before a serious crash

THAT has a girlfriend?




beggers can't be choosers

toonz: They do, but do you think he crashed it on purpose?

He was intentionally negligent... unless you can somehow show she was forced into using his cell phone.

You don't just end up drunk and behind the wheel of a car either. You choose to drink and you choose to drive.

This is why "drunk driving" and this kind of stuff should really be treated as manslaughter.

It's not an "accident" anymore than OJ "accidentally" slashed Nicole and Ronny.

It's not an "accident" anymore than any gunman accidentally pulled the trigger of the gun in their hand while it was coincidentally pointed in the victims direction.


When your engaged in an activity where failure can result in death you have an obligation to concentrate and minimize risk. Failure to do so is manslaughter at best... murder in extreme cases.


If your unwilling or incapable of performing a task such as operating a train, or driving while concentrating on the task at hand an minimizing risk... you have a legal obligation to not perform the task. It's that simple.

JudgeReinhold: That is the best picture of that person? Note to self: I must always keep an up-to-date, presentable picture of myself for submission in case I ever get arrested, do something dumb, have an accident, or become lost. do something that merits an article for the Fark mainpage.

FTFY

Wait, the headline doesn't make sense. It says the law is a century old and it prohibits text messaging. Well, I have news for you, submitter - text messaging wasn't around 30 years ago, much less a century ago. So your headline doesn't make any sense, retard. That's right, I'm calling you a retard! Ha ha!

TeddyRooseveltsMustache: His lawyer called it an accident huh? I bet she'd change her tune, if a relative of hers was on that train. Lawyers suck.

The thing is, it's a lawyer's job to provide the best possible argument in favor of her client. This is probably the best argument that can be put forth for the guy, and given that his lawyer is probably a public defender with no choice but to take the case, she's just doing her job: in this case, defending the indefensible.

I think i see what you did there, submitter....

\and if I'm right, it's FABULOUS!

Fish in a Barrel: Why get all creative by dredging up a 100 year old law that's never been used. Wouldn't plain old negligence work just as well? It seems like the prosecutor is just asking for complications by going in this direction.

Because this fits better, perhaps carries a stiffer penalty, and has rarely been used because dumbassery of this sort in a job like that is very rare.

ihatedumbpeople: ""Who hasn't looked away from the wheel to hand their kid a sippy cup or to answer a phone call?' Menken said. "It's hard to get from there to criminal negligence.'"

Uh...no.

I've driven beside people texting on their phones. I will literally flip them off for 20-30 seconds straight and they won't notice it. Think they'd notice a kid running out in front of them?

and yes, in most cases they left their designated lanes multiple times, all while going about 5-10 mph under the posted speed limit.

If you THINK you can drive and text/talk "just fine", ask everyone driving around you, I guarantee they won't agree with you. Drunk people usually think they're driving "just fine" too right up until they end up in a ditch or wrapped around a telephone pole.

Do you drive with the radio on? Do you talk to other people in the car with you? Do you pay attention to the road ahead of you? You're taking the easy way out blaming texting and phone conversations on crashes. The problem is stupid people who don't know their limits. If fatty was capable of dividing his attention and prioritizing this wouldn't have happened. I text while driving. I also fiddle with my radio and drink my soda while driving, because I can do it with out looking away. If my radio is messing up or predictive type isn't working I put the phone down until I'm at a red light. If I'm in crazy traffic the phone gets put down too.

/I don't like it when some retard ruins it for everyone else
//Instrument Rated Pilot, splitting my attention is what I do

Looks, it's not that damn hard, it's not like he has to stear or anything. It runs on tracks. He can't really run it off the road.
1 Job. Look ahead, don't hit anything. Is that really asking too much?

He doesn't even have to watch out for hidden speed traps. Just go forward and don't hit anything.

JohDHJ:Car_Ramrod: SwiftFox: First "Do you know why I pulled you over?" I fibbed and said "no" though I had already guessed. "Didn't you notice me beside you?" he demanded.

Why did he pull you over?

Yes, why??

For not having the courtesy and respect to notice his regal presence, and there being no one else in 5 miles he saw to pull over for his quota, I think. Wasn't the DWB someone guessed. The officer was B, as it happens, might have been DWW