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  I'm well aware of what was implied - that was entire point of the cited examples. In other words, from the standpoint of pure text there is no difference between the cited examples and the quote in the original post.

  It looks like what we have here is a case of violent agreement.  In the meantime I think we have driven well away from the reason for being of the OGR forum so I'm going to step out of the car, join Gunrunnerjohn,  and walk back over to the grade crossing to see if there is a train coming that might be worth photographing.

Last edited by Robert S. Butler

WOW, I took a wrong turn and ended up in English 101!

  You're right, John.  That's what this all comes down to.  Obviously, clarity suffers when some journalists are hastily preparing a print piece or a broadcast.  The ability to be a good proofreader -- and to do it quickly -- is an advantage whenever writing something for publication.

Here’s a wonderful example of television “journalists” demonstrating their wide knowledge of the subject at hand…

867755D1-30A0-448A-B92D-665FE65595A7

Now that is amazing! When an aircraft runs out of fuel, it will “…struggle to maintain altitude…” Gee…ya think? Of course, it was CNN, so what else could we expect.

Journalism is dead…everywhere. 👍

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Last edited by Rich Melvin

I do not choose to die on this particular hill, but, I propose that, if the RRs *could* get $$$$ by suing the folks who hit or get in front of trains, they *would* sue them.  I am pretty sure they have done a cost-benefit analysis and decided it won't pay.  I am willing to be persuaded otherwise by someone who knows the business.

@palallin posted:

I do not choose to die on this particular hill, but, I propose that, if the RRs *could* get $$$$ by suing the folks who hit or get in front of trains, they *would* sue them.  I am pretty sure they have done a cost-benefit analysis and decided it won't pay.  I am willing to be persuaded otherwise by someone who knows the business.

What @palallin said. The minimum auto liability insurance in most states is well less than $100k, mostly for bodily injury. The railroads can make a case, but won't win anything compensable from individuals beyond their insurance. The minimum auto policy property damage insurance required in most states is less than $25k (think damage to locomotives, cars, signals, track). It might be productive to sue commercial carriers.

https://www.bankrate.com/insur...verage-requirements/

@lpb007 posted:

What @palallin said. The minimum auto liability insurance in most states is well less than $100k, mostly for bodily injury. The railroads can make a case, but won't win anything compensable from individuals beyond their insurance. The minimum auto policy property damage insurance required in most states is less than $25k (think damage to locomotives, cars, signals, track). It might be productive to sue commercial carriers.

https://www.bankrate.com/insur...verage-requirements/

But suppose the driver has deep pockets?  Could the railroad go after that?

Road closed for over 25 years.

OLD ROAD RRv2

This is a Google Earth Image. That now shows a road that has been closed by the CSX Railroad & The Oakland County Road Commission. In Highland Twp. Michigan. For over 25 years.

On a Friday afternoon three high school girls were killed by car train collision as they were driving home from school. The road leading up to the crossing was on a gravel downgrade. They put on their brakes and the car slides onto the track killing all three students.

This was a devastating event for this community. A lengthy investigation by the CSX RR & The Oakland County Road Commission came to the conclusion that this crossing was unsafe and closed the road permanently.

Gary

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Gary, when did that  accident happen?

As to a RR suing the driver, the RR's attorney might decide to counterclaim in a suit by the driver's survivors to get the jury to realize the RR also had loss.  If I were the RR's atty, I'd love to have available video from a cab camera, with sound, to show what happened and that the engineer sounded the proper signals.

@RJR posted:

GRJ, I read it somewhat differently:  that the road had been closed 25 years ago and somehow the kids now got on it (crossing gates are not the only barriers that can be driven around) and went barreling downhill.

I don't get that out of it.  However, it may be just the way he's writing it.  What I'm reading is this incident happened 25 years ago and resulted in the permanent closure of the road.

This was a devastating event for this community. A lengthy investigation by the CSX RR & The Oakland County Road Commission came to the conclusion that this crossing was unsafe and closed the road permanently.

Would adding a traffic light at mainline and high incident crossings help? For some reason people don't take crossing lights as seriously as they do a traffic light. Heck, the poles and electric are all ready there. We've all seen traffic lights replace stop signs because people don't seem to take stop signs seriously either. Highway departments should also play part in keeping people safe at crossings too. Not just the railroad. It is their road.

A map of the closed road.

MHS Road Closed v2

Stupid Driver is Not a Legal Term.

I have never seen the term “Stupid Driver” on a Accident Report Form. Issued by a law-enforcement agency.

The correct legal terms are, “Careless Driver” or “Reckless Driver” -There are detail legal definitions for both of these in the “National & Michigan Vehicle Code”.

Gary

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Stupid Motorist may not be the legal term, but in Arizona's monsoon season, flooded washes and roadways are common threats for drivers. Often times, when a motorist attempts to cross a flooded area they get stuck and need rescue. This occurs so commonly that the state passed a law in 1995 to try and relive the financial burden upon taxpayers for the costly rescues and which also pose safety risks to the public safety and law enforcement agencies who perform them.

The law is commonly referred to as the “stupid motorist law.”  Says it all.

New headline:

"A Kansas couple died Thursday when a train crashed into their car."

https://www.msn.com/en-us/news...ARb7W0?ocid=msedgntp

Once again a misleading headline!  It should have read more like...

"A Kansas couple died Thursday when they drove around lowered crossing barricades and in front of a speeding train."

If anyone had any doubt that journalism is dead...

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