Was that an arm or a leg?

[Papa_Complex]

Reversed summary judgment against her and gave her the right to argue her case in court. Not a win, but undoing a loss.

[Captain Morgan]

Originally Posted by tommymac

I am sure the railroad companies have deep pockets, sue them for making trains that are unsafe or cant stop in time.

Originally Posted by Papa_Complex

They bear no fault in the stupidity of another.



So you think that people should pay for the mistakes of others? How unconservative of you.

One could argue that the railroad companies are aware that deaths occur from someone trying to run across tracks and getting hit by trains. It is reasonably forseeable that a person running across the tracks and getting hit by a train will die or be dismembered. Therefore, the railroad companies were negligent in not making it extremely difficult, if not impossible, for a person to run across the tracks.

[Papa_Complex]

Originally Posted by Captain Morgan

One could argue that the railroad companies are aware that deaths occur from someone trying to run across tracks and getting hit by trains. It is reasonably forseeable that a person running across the tracks and getting hit by a train will die or be dismembered. Therefore, the railroad companies were negligent in not making it extremely difficult, if not impossible, for a person to run across the tracks.

You could argue that Papermate knows that people jam pens into their eyes and so is liable when someone does that, but it doesn't make it so

The oncoming train had a clear signal and sounded, and so is not liable. If someone chooses to almost literally put blinders on (umbrella facing in the direction from which the train was coming) and then walk into traffic, whose fault is it?

I'm constantly amazed at the stupidity of people who I see jumping off curbs without looking because someone next to them did, step into traffic while concentrating on their Crackberry, or crossing 5 feet down from a red light that they don't think applies to them.

[tommymac]

Originally Posted by Papa_Complex

You could argue that Papermate knows that people jam pens into their eyes and so is liable when someone does that, but it doesn't make it so

The oncoming train had a clear signal and sounded, and so is not liable. If someone chooses to almost literally put blinders on (umbrella facing in the direction from which the train was coming) and then walk into traffic, whose fault is it?

I'm constantly amazed at the stupidity of people who I see jumping off curbs without looking because someone next to them did, step into traffic while concentrating on their Crackberry, or crossing 5 feet down from a red light that they don't think applies to them.

In NY and i am assuming in most states if a car hits a pedestrian the driver is prety much automatically at fault no matter how clueless/oblivious the pedestrian is.

[Papa_Complex]

Originally Posted by tommymac

In NY and i am assuming in most states if a car hits a pedestrian the driver is prety much automatically at fault no matter how clueless/oblivious the pedestrian is.

I should think that it depends on the situation, just like here. Some idiot darts out between parked cars and right into the path of a car doing 30 MPH, and the driver isn't likely to be charged. In this case someone vacantly steps in front of a train that's going 70 MPH, and takes 2 miles to stop, and it isn't the engineer's fault. Even the law occasionally recognizes reality.

[Trip]

pedestrian situation can get murky. I know we had a guy try to run across the interstate and got smacked here. He was at fault.

There was also someone who tried to cross in a blind corner where I work now, they got hit and were at fault as well. It was because she was within 50 feet of like 3 crosswalks and they all said don't go and she went anyway.

[tommymac]

Originally Posted by Papa_Complex

I should think that it depends on the situation, just like here. Some idiot darts out between parked cars and right into the path of a car doing 30 MPH, and the driver isn't likely to be charged. In this case someone vacantly steps in front of a train that's going 70 MPH, and takes 2 miles to stop, and it isn't the engineer's fault. Even the law occasionally recognizes reality.

From a legal standpoint the driver wont be charged but as far as ins goes they almost always do. Then again recently in NYC no one stops when they thump a pedestrain anyway, been a lot of fatal hit and runs up here.

[Papa_Complex]

Up here if the police found you to not be at fault in a pedestrian vs. vehicle collision, and the insurance company tried to jack your rates as if you were, there would be hell to pay. Vehicle vs. vehicle is different, because they use the Rules of Fault Determination, not the law, to determine the balance of fault. Those were brought in when we went to a no-fault insurance scheme.

[tommymac]

Originally Posted by Papa_Complex

Up here if the police found you to not be at fault in a pedestrian vs. vehicle collision, and the insurance company tried to jack your rates as if you were, there would be hell to pay. Vehicle vs. vehicle is different, because they use the Rules of Fault Determination, not the law, to determine the balance of fault. Those were brought in when we went to a no-fault insurance scheme.

Things may have changed here but when I was learning to drive they always told us hit a pedestrian and youre prety much at fault, even for that kid that darts out in front of you from between 2 parked cars. There may not be any legal issues from the police so long as you werent speeding, ran a red light etc.... but I think the instances trip listed are just such sheer stupidity they have to be at fault.

[Papa_Complex]

Originally Posted by tommymac

Things may have changed here but when I was learning to drive they always told us hit a pedestrian and youre prety much at fault, even for that kid that darts out in front of you from between 2 parked cars. There may not be any legal issues from the police so long as you werent speeding, ran a red light etc.... but I think the instances trip listed are just such sheer stupidity they have to be at fault.

And that's what I'm saying; obvious stupidity shifts the blame. It's the case with the drunks who leap off the curb in front of me on St. Patrick's Day, to get to the Irish pub across the street and it's the case when someone wraps an umbrella around his face, then steps onto train tracks.