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(Sun News Network)   Railway company to grieving mother: Our sincerest condolences on the death of your son after he was hit by our train, but that was quite inconvenient so hand over $500,000   (sunnewsnetwork.ca) divider line 202
    More: Fail, railroad company, Transport Canada, Transportation Safety Board, trains  
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21169 clicks; posted to Main » on 10 Jul 2013 at 4:12 PM (41 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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ZAZ [TotalFark]
2013-07-10 03:29:49 PM
In America the executor of a will is not personally liable in these cases. I assume the same rule applies to the north. The lawsuit is just a claim to a share of the dead 22 year old's stuff.
 
2013-07-10 03:33:02 PM
I'm sure they are trying to collect from his insurance, no the mother, no?
 
2013-07-10 03:38:14 PM
The family has a lawyer, but they'd decided not to sue CN for what they still believe to be a succession of unsafe, minimally-protected crossings in the area.

Sharon Jobson has 20 days to file a statement of defence and/or a counter-suit.


Wow.  And she didn't even try to sue for damages, etc.  Talk about malicious on CN's part.
 
ZAZ [TotalFark]
2013-07-10 03:44:22 PM
SecretAgentWoman

Good point. His estate includes a car insurance policy, which may be its most valuable asset. The mother's mistake was calling the press instead of the insurance company.

Around here the insurance company would offer policy limits ($5,000 to $100,000 property damage) and the railroad would agree to waive excess recovery against the estate.
 
2013-07-10 04:15:33 PM
You'd figure a rail company wouldn't want this kind of publicity in the wake of the recent disaster that burned people alive.
 
2013-07-10 04:15:40 PM
Classic train dodge.
 
2013-07-10 04:16:25 PM
I hate big business as much as the next farker, but maybe the dipshiat should have stopped at that stop sign?
 
2013-07-10 04:18:54 PM
My wife and I don't use rail conveyance, because, frankly, we're better than you people.

I also don't own a TeeVee and I use a non-ironic rotary phone.

Pretty much King Sh*T of F*ck Island over here.
 
2013-07-10 04:20:02 PM
FTA:  The suit alleges John was an incompetent driver who was speeding, shouldn't even have been driving, didn't stop at the stop sign nor heed the Via train horn, was inattentive and either didn't apply his brakes or did so too late.
...
While the lawsuit's timing might seem insensitive, it could be a function of regulation: Any lawsuit claiming wrongdoing in a death must be filed within two years of that fatality.


Non-issue. Attorney doing his or her job for his or her client. CN alleges that he was negligent when he collided with the train - the whole point of court is to resolve such issues. This whole "let's shame them in the press because my negligent kid died from his own negligence" bit is pointless.
 
2013-07-10 04:20:10 PM

ChipNASA: My wife and I don't use rail conveyance, because, frankly, we're better than you people.

I also don't own a TeeVee and I use a non-ironic rotary phone.

Pretty much King Sh*T of F*ck Island over here.


Is this a new meme?
 
2013-07-10 04:20:38 PM
She singing the Murder Train A-comin' Blues.
 
2013-07-10 04:20:59 PM
His mother, Sharon Jobson, has since campaigned for full lights, gates and bells at the double-track crossing and at several similar crossings where others have died or been hurt.

The guy missed a full on train crossing the road, would some flashing lights and a bell really have got his attention any better?
 
2013-07-10 04:21:41 PM

Mike Chewbacca: I hate big business as much as the next farker, but maybe the dipshiat should have stopped at that stop sign?


That's what's going to happen - he'll be found to be partially at fault, I'll bet, allowing CN to recoup some of what's alleged. I'm baffled as to why this should "outrage" anyone, as this is S.O.P.
 
2013-07-10 04:21:42 PM

Mike Chewbacca: I hate big business as much as the next farker, but maybe the dipshiat should have stopped at that stop sign?


Probably trying to beat the train because he didn't want to wait for a train to go by.
 
2013-07-10 04:21:45 PM
A man is riding on the old Erie Railroad when he spots a bug crawling in his Pullman bed. The man, irate, writes a letter complaining to the railroad.

He receives a letter from the president of the railroad apologizing and stating that this has never happened in the history of the railroad. Unfortunately, accidentally clipped to the letter is a note that the railroad's president had intended only to be seen by his secretary. It read, "Send this guy the bug letter."

/75 years ago, this was funny
 
2013-07-10 04:22:03 PM
This seems reasonable. Sorry the kid died, but why should the train company(s insurance) have to shell out for his negligence that damaged their property.
 
2013-07-10 04:22:24 PM
The suit alleges John was an incompetent driver who was speeding, shouldn't even have been driving, didn't stop at the stop sign nor heed the Via train horn, was inattentive and either didn't apply his brakes or did so too late.

If he was speeding, he would have crossed the tracks faster.

Just saying......
 
2013-07-10 04:23:19 PM

Mike Chewbacca: I hate big business as much as the next farker, but maybe the dipshiat should have stopped at that stop sign?


You know how I know you didn't read the article?
 
2013-07-10 04:27:34 PM
Completely bad PR move by the railroad but actually they are correct in the fact that the man caused the accident and damage to the train/rails.

Lots have commented that in the USA they would go through the car insurance company and they would have dealt with this and given the railroad company some $$$.
 
2013-07-10 04:29:29 PM
surprising one this brilliant made it to 22. you drive your car through the front of Country Kitchen Buffet, you get to pay for the damages.
 
2013-07-10 04:29:55 PM
I kinda wonder why the rail's insurance company didn't cover all of this.
With any luck, assuming they win the lawsuit, the son's insurance company will foot the bill.
 
2013-07-10 04:30:22 PM
Glitchwerks You'd figure a rail company wouldn't want this kind of publicity in the wake of the recent disaster that burned people alive.

That one was technically a shortline, CN is a behemoth Class I formerly owned by the Canadian gov't-and that derailed passenger train, Via Rail, Canada's Amtrak, still is.  My guess is they got some grief from VIA so they moved on the kid's estate.  You'd be amazed what Onterrible hillbillies are capable of
 
2013-07-10 04:30:32 PM

ZAZ: SecretAgentWoman

Good point. His estate includes a car insurance policy, which may be its most valuable asset. The mother's mistake was calling the press instead of the insurance company.

Around here the insurance company would offer policy limits ($5,000 to $100,000 property damage) and the railroad would agree to waive excess recovery against the estate.


Not to mention that their insurance company might be refusing to pay out if there's any liability on the part of the driver.  They may be filing suit just so they can get their insurance to pay up.
 
2013-07-10 04:30:40 PM
The rail industry has an absolutely atrocious record of securing their tracks or protecting people at crossings.  There's a reason they have those no trespassing signs, and it is not to protect you.  It is to protect themselves from a lawsuit.  In no other transportation industry is a collision between two vehicles blamed on one individual by default.

If you have a series of accidents at an intersection, the correct answer isn't that all drivers are morons and that's that.  Instead you look at the circumstances and how they can be fixed.  The railroads do not do this and the NTSB can't make them.  If you are hit on a railroad track, it is your fault.  Even if it happens to dozens of people on that same stretch.

It's the real world example of:

3.bp.blogspot.com
 
2013-07-10 04:31:02 PM

Glitchwerks: ChipNASA: My wife and I don't use rail conveyance, because, frankly, we're better than you people.

I also don't own a TeeVee and I use a non-ironic rotary phone.

Pretty much King Sh*T of F*ck Island over here.

Is this a new meme?




i3.kym-cdn.com
No.
 
2013-07-10 04:33:43 PM
i think in this case the railroad should have eaten the repair costs given they weren't sued over the death.  Wouldnot blame the woman if she filed  counter suit now.
 
2013-07-10 04:34:10 PM
Sucks and all, but it does sound like her son was liable.  Getting killed doesn't make you any less so.

Granted, if I were running things for this company, not a chance in hell I'm filing that lawsuit.  .
 
2013-07-10 04:34:25 PM
FTA: "The lawsuit has sparked outrage among her friends on Facebook"

Look out, things are getting serious here...
 
2013-07-10 04:34:32 PM

Maud Dib: Glitchwerks: ChipNASA: My wife and I don't use rail conveyance, because, frankly, we're better than you people.

I also don't own a TeeVee and I use a non-ironic rotary phone.

Pretty much King Sh*T of F*ck Island over here.

Is this a new meme?

[i3.kym-cdn.com image 400x267]
No.


Wahhhhh

/no, it's really funny......really...yes, yes it is. ..(go check the photoshop thread. )
 
2013-07-10 04:35:09 PM
I think I speak for pretty much everyone when I say you motherfarkers.
 
2013-07-10 04:35:59 PM
Screw her / him.  He hit a train because he wasn't paying attention.

If someone was talking on a cellphone and ran a stop sign and damaged your house or car, would you not sue his insurance if he died?
 
2013-07-10 04:36:31 PM

Maud Dib: Glitchwerks: ChipNASA: My wife and I don't use rail conveyance, because, frankly, we're better than you people.

I also don't own a TeeVee and I use a non-ironic rotary phone.

Pretty much King Sh*T of F*ck Island over here.

Is this a new meme?

[i3.kym-cdn.com image 400x267]
No.


I'd force it in
 
2013-07-10 04:36:33 PM

Cyno01: This seems reasonable. Sorry the kid died, but why should the train company(s insurance) have to shell out for his negligence that damaged their property.

 
Why should the mom owe?  She didn't do it.  It wasn't her negligence.  She's no more responsible for it than you or I.
 
2013-07-10 04:36:35 PM

ChipNASA: My wife and I don't use rail conveyance, because, frankly, we're better than you people.

I also don't own a TeeVee and I use a non-ironic rotary phone.

Pretty much King Sh*T of F*ck Island over here.


Stop that.
 
2013-07-10 04:36:53 PM

Mike Chewbacca: I hate big business as much as the next farker, but maybe the dipshiat should have stopped at that stop sign?


Those railroad companies are truly malicious. They have their trains lurk near crossings, nearly undetectable, until some poor sap tries to cross the tracks. Then, BAM! They pounce! There's literally no way that you can see one of them coming and, even if you could, it's far easier to stop a locomotive than it is for a car or truck to avoid crossing the tracks in front of one. At the very least, the train operator could have swerved around the guy. This is just a scam by the railroad barons to fleece innocent victims and force your insurance rates up.

Or, maybe, if you are killed by a machine that travels only on a fixed track, has clearly marked crossings, is so loud that other loud noises are almost always referred to as being "as loud as a freight train", has bright lights, clanging bells, and extremely loud horns that blow well in advance of any crossing, you were just too stupid to live. Sorry, mom. Somebody has to pay for the train that your son wrecked with his staggering idiocy.
 
2013-07-10 04:36:54 PM

Mike Chewbacca: I hate big business as much as the next farker, but maybe the dipshiat should have stopped at that stop sign?


Yeah. Don`t fark around on(someone else`s) multibillion dollar infrastructure.....and watch out for that giant train that has $15,000,000 worth of equipment and goods.

Do you think the engineer and conductor wanted an up front view of your sons last moments?
 
2013-07-10 04:37:42 PM

JesseL: ChipNASA: My wife and I don't use rail conveyance, because, frankly, we're better than you people.

I also don't own a TeeVee and I use a non-ironic rotary phone.

Pretty much King Sh*T of F*ck Island over here.

Stop that.


biobreak.files.wordpress.com
 
2013-07-10 04:38:08 PM
I truly do not understand how anyone can get hit by a train. I've lived near railroad tracks all my life, and I've crossed them probably thousands of times, often with trains nearby. There is just farking way you could fail to notice a train coming. The only way a person could get hit by a train is if they are paying absolutely no attention at all or if it's some kind of new stealth train.
 
2013-07-10 04:38:57 PM
Its really easy to miss railroad crossings if they aren't properly marked.

CSB:
Almost t-boned a train at 2am while I was driving down a gravel road. No railroad crossing signs, no reflectors on the side of the train, and train was parked so no horns going off. Came within 20 feet of slamming into the side of it.
 
2013-07-10 04:39:10 PM

JuggleGeek: Cyno01: This seems reasonable. Sorry the kid died, but why should the train company(s insurance) have to shell out for his negligence that damaged their property.
 
Why should the mom owe?  She didn't do it.  It wasn't her negligence.  She's no more responsible for it than you or I.


She's the executor of his estate; she can get in contact with his auto insurer to get them into the loop and then the fun starts.
 
2013-07-10 04:39:58 PM

jylcat: Mike Chewbacca: I hate big business as much as the next farker, but maybe the dipshiat should have stopped at that stop sign?

You know how I know you didn't read the article?


You know how I know you are a total farking moran?
 
2013-07-10 04:40:04 PM

ArgusRun: In no other transportation industry is a collision between two vehicles blamed on one individual by default.


Really?  I'm pretty sure that if I'm driving down the road and an airplane hits me, the airplane is going to be found at fault.
 
2013-07-10 04:40:33 PM
She made her son, and didn't even issue a recall even though this accident clearly shows he was defective.
 
2013-07-10 04:40:51 PM
OK, just for fun, let's look at the facts:

He didn't stop at the crossing.
The law required him to stop at the crossing.
The train has right-of-way at the crossing (because it CAN'T stop in time).
Ergo, he caused the accident, and caused the damage to the railway, and caused no small amount of grief and stress to the poor conductor who had to watch the horrible tragedy go down (but was completely innocent).
If he'd been driving through a stop sign at an intersection with a road, and got hit by a bus with right-of-way, most people would understand that he was responsible for the damages he caused.

Why don't people blame him when it's a train? A train is larger and louder than a bus, and train crossings are more uncommon than road crossings, plus train crossings have mandatory clear views as you approach them.
 
2013-07-10 04:41:45 PM
fark him. It was a Via passenger train - short enough and travelling fast enough to inconvenience him for what - 30 seconds, tops? Don't race the trains. You always lose.
 
2013-07-10 04:41:50 PM
Why don't they look?
 
2013-07-10 04:41:56 PM

JC22: Lots have commented that in the USA they would go through the car insurance company and they would have dealt with this and given the railroad company some $$$.


They may have gone to the insurer and had them balk at the size of the request.  Or the insurer is taking the position that there is no liability and that they intend to contest the claim.  Insurance companies don't like to just hand out money on stuff like this.  If anything, they know the lawsuit will attract negative publicity for CNR and are leveraging public pressure to drive down the value of a settlement.

The other commenters are right, though.  The estate is just the legal entity that has to be sued to get the bigger player in the game.
 
2013-07-10 04:42:57 PM

The Dog Ate My Homework: I truly do not understand how anyone can get hit by a train. I've lived near railroad tracks all my life, and I've crossed them probably thousands of times, often with trains nearby. There is just farking way you could fail to notice a train coming. The only way a person could get hit by a train is if they are paying absolutely no attention at all or if it's some kind of new stealth train.


Deaf people exist, and unlike blind people, can get driver licenses.
 
2013-07-10 04:43:27 PM
"Meh.  He'll swerve"

I've seen the aftermath of a car/train collision at an unregulated crossing.  It ain't pretty.  I say car only under the assumption that that is what I assume it was.

http://www.bst-tsb.gc.ca/eng/rapports-reports/rail/2011/r11t0175/r11 t0 175.asp
 
2013-07-10 04:44:33 PM

The Dog Ate My Homework: I truly do not understand how anyone can get hit by a train. I've lived near railroad tracks all my life, and I've crossed them probably thousands of times, often with trains nearby. There is just farking way you could fail to notice a train coming. The only way a person could get hit by a train is if they are paying absolutely no attention at all or if it's some kind of new stealth train.


Some people turn into complete idiots when it comes to train crossings. I don't know if it some kind of daredevil spirit in them or they are extremely impatient and can't stand the thought of waiting for a train, but I have also crossed RR tracks thousands of times in my life, and I have seen people time and time again go around the gates when a train is coming and race across the tracks at non gated crossings even though it is very clear that a train is coming. I have even seen 2 very close calls where people wanted to beat the train, and it never ceases to amaze me how people are willing to risk their lives at RR crossings.
 
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