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Late Saturday afternoon a young lady was on the Bessemer & Lake Erie tracks where they parallel the Pa. Turnpike  before crossing the Allegheny River bridge. They say she was running with ear plugs in her ears so she didn't hear the train horn but she was struck. Died later in the hospital. 17 yrs old.  No matter what they tell you people won't listen to te warnings.

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jim pastorius posted:

Late Saturday afternoon a young lady was on the Bessemer & Lake Erie tracks where they parallel the Pa. Turnpike  before crossing the Allegheny River bridge. They say she was running with ear plugs in her ears so she didn't hear the train horn but she was struck. Died later in the hospital. 17 yrs old.  No matter what they tell you people won't listen to te warnings.

We have that here as well, saw a person walk right around the downed crossing gates a few weeks back as if they weren't even there. And on the roads too, folks riding bikes or running in the streets with ear buds in both ears/headphones on. Only that motorists have slammed on their brakes are they still alive after they suddenly go from one side of the road to the to the other without warning.

Have you ever seen the signs which read "Yield to pedestrians in crosswalk" or some such text and bikers or pedestrians just proceed right into traffic because villages have begun to enforce it as you may step right in front of a moving vehicle?  Train tracks are no place to dawdle around and other than railroads no one really seems to want to get the message out, especially in schools

It is a tragedy. She obviously made a poor decision and it led to her death. I feel bad for her family and friends. What I don't understand is I often go walking on the side walk around my neighborhood with my iPod and earphones. I keep the volume at a level that I can hear the music fine but I can also hear some stuff around me. The earphones do block out a lot of noise but I can still hear cars approaching me at about 40 MPH as part of my walking course is on a main road. How could she not hear the horn of the train? Horns are much higher in decibels than a car traveling at 40 MPH. I just don't understand. What a waste of a young life.

I don't understand either and the Bessemer only runs about one train a day. I just finished reading a book "Metropolitan Corridor" and it tells about the early railroads in the northeast. The problem of trespassers goes way back to the earliest days of railroading. The RRs discovered early that signs, lights and bells are ignored.  A lot of people have a funny attitude about other people's property.  We have 160 acres down the road from me with a vacant 200 yr old house there. Through the years trespassers and others act like they have a right to be there.  We allow hunting but frown on  vehicles etc plus hunting shacks.

OGR Webmaster posted:

The other "sad" part about this is that her family will undoubtedly sue the railroad for millions and win a judgement, even though the railroad has no culpability in the events that led to her untimely death.

And the only thing the railroads can do about it is be nastier and more litigious towards anyone near or on railroad property. 

OGR Webmaster posted:

The other "sad" part about this is that her family will undoubtedly sue the railroad for millions and win a judgement, even though the railroad has no culpability in the events that led to her untimely death.

Totally agree with you Rich, even though I am a lawyer. Stupid lawsuits as a result of idiocy and a system which permits them (I am NOT a negligence lawyer). As one law professor said to me over 40 years ago, "you cannot underestimate stupidity".

Gerry

BobbyD posted:

 

Have you ever seen the signs which read "Yield to pedestrians in crosswalk" or some such text and bikers or pedestrians just proceed right into traffic because villages have begun to enforce it as you may step right in front of a moving vehicle?  Train tracks are no place to dawdle around and other than railroads no one really seems to want to get the message out, especially in schools

It seems like kids today have a video game mentality.  If you get blown up, just start over.  Unfortunately, real life is different.  You only get one chance.

I think it would be beneficial if all Driver's Ed classes were required to have a presentation by representatives of Operation Lifesaver.  Don't sugar coat anything.  Show videos of trains hitting motor vehicles.  Show pictures of mangled cars along the right-of-way.  Show pictures of dead bodies and body parts.  Gruesome, Yes. But explain that "This could be you"  There is no re-set/start over.

Tom

A few years ago a woman with a kid and a baby in a stroller were trying to cross the NS mainline that runs through Derry, Pa. A train came around a curve,the stroller got caught on the rails and her and the baby were killed.  Right beside where she tried to cross there was a nice vehicle and pedestrian bridge across the tracks. I talked to a local guy and he said when the cops enforced the no trespassing they got too many complaints. They put up a fence-someone cut a hole in the fence !! Be careful in Homestead, Pa. though and don't cross the tracks except where you are allowed at a protected crossing. The cops will bust you.

Sounds like the Del Mar City Council has the stupids:  why doesn't it construct a safe means to cross, instead of forcing people to walk a mile to what appears to be an unguarded crossing?  If I recall, California also has some unique laws regarding beach access.

Why don't the people that want access and ONLY the people that want access fund the construction of more crossing points? No reason why others should be taxed for their personal convenience.

In the military one learns not to give unenforcable orders. In certain areas it is not unreasonable for civilians to simply cross the tracks. You don't wear earphones, you look both ways, never walk on a rail or between or under cars,  and stay on the right-of-way for as short a period as possible, and never walk on a railroad bridge. Kids are not stupid. Better to tell them to use caution rather than lecture about a prohibition. If you have to walk a half mile to get to a crossing you will cross the tracks. On high speed commuter lines a ban makes sense. In a rural area where there are few trains kids will not take lectures about never going near railroad tracks seriously.

 

Last edited by Tommy

Not trying to dumb down some ones tragic death but I feel for the drivers of the trains it would not be a nice thing for them.

In a village in England where my son lives a person was killed crossing the tracks on a ground level foot crossing so the railway put a footbridge up using scaffolding till there are funds to build a proper one maybe... and fenced off the area. I know it's difficult where the people cross to the beach but it might be some kind of start at least it should free up the railroad from litigation.. RooDSC09873

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Yes, I am local and the crews etc got used to seeing me video plus I was careful around the track. those were tough times right before CN bought them. Weren't doing much and I wasn't as active then. You never know about the RR Bulls that is for sure. I do very little with the Bessemer now. These accidents bother me though. They are traumatic and unnecessary  and a lot of people suffer.

 

Why don't the people that want access and ONLY the people that want access fund the construction of more crossing points? No reason why others should be taxed for their personal convenience.

Ah, well, I'm not sure how you'd control/patrol the pay-to-play concept.  Fences? Gates/structures? Paid patrol and ticket taking/punching folk?  Et Cetera.

As for all of us paying for things we don't use......where shall we begin?  It is the nature of our American litigious beast to seek compensation for pain, suffering, loss.......and the legal profession.  It makes no sense to waste time and effort pursuing that compensation from the least able to pay.  The legal gravity is centered on the biggest pot of money with any association...direct or tangential...to the issue(s) at hand.

If public property is involved, so much the better.  What bigger pot of dough could there possibly be than the taxation of the people?  When that state, city, town, burg....whatever the size...is called upon to defend itself against the legal claims of others, it costs.  

Ergo...."We" pay.....taxes.

Insurance against such miasmic mayhem?.......gotta budget for that escalating item, too!

Of course, there's always the vote.  You can always tell the people we elect to manage the state, city, town, burg, etc., to do something else besides raise taxes to cover spiraling costs....of everything....they 'manage'...and just say 'No!' to increased millage/taxes.  Yeah.......right.

But, oh dear!....that's nothing more than fodder for the next election....and the 'doom-and-gloom' specters painted by both sides.  And, here we go.....again.  Time for another election.

Rejoice!  Be happy!  We are blessed!  We live in America!  It's "The American Way"!   

KD

The other "sad" part about this is that her family will undoubtedly sue the railroad for millions and win a judgement, even though the railroad has no culpability in the events that led to her untimely death.

Rich Melvin, Publisher & CEO

It's interesting that the Webmaster has become judge and jury over a lawsuit that hasn't even happened. Let's make conjecture great again!

Yes, it could happen; also it could not happen. Unfortunately we don't hear or read about the thousands of times each day lawyers all over the country tell clients, "You really don't have a case here. Please don't waste my or the court's time."

modeltrainsparts posted:

The other "sad" part about this is that her family will undoubtedly sue the railroad for millions and win a judgement, even though the railroad has no culpability in the events that led to her untimely death.

Rich Melvin, Publisher & CEO

It's interesting that the Webmaster has become judge and jury over a lawsuit that hasn't even happened. Let's make conjecture great again!

Yes, it could happen; also it could not happen. Unfortunately we don't hear or read about the thousands of times each day lawyers all over the country tell clients, "You really don't have a case here. Please don't waste my or the court's time."

You apparently don't have much experience with lawsuits vs. the railroad industry. I can't tell you how many examples of people getting struck & killed at grade crossings, that STILL try and take legal action against the railroad, even with witnesses that saw the vehicle GO AROUND THE LOWERED GATES! 

Only in more recent times, with forward facing video cameras providing factual evidence that the vehicle did indeed go around the lowered gates, and even passing other stopped vehicles in the process, have such lawsuits been reduced, once the attorney sees the railroad's video footage. 

pennytrains posted:

Back in the day street running trains in NYC had to be preceded by a rider on horseback.  Maybe modern trains need some kind of focused beam device that shuts down non railroad electronic devices on the rail 500 to 1000 feet ahead.

I never heard of that. So the street cars had to have a horse rider in front of the train, very interesting.

Down here in southeast Florida FEC is working on a new rail crossing design, one that would have some kind of net pop up from under the ground to keep traffic off the rails when a train comes through.

Lee Fritz

modeltrainsparts posted:

The other "sad" part about this is that her family will undoubtedly sue the railroad for millions and win a judgement, even though the railroad has no culpability in the events that led to her untimely death.

Rich Melvin, Publisher & CEO

It's interesting that the Webmaster has become judge and jury over a lawsuit that hasn't even happened. Let's make conjecture great again!

Yes, it could happen; also it could not happen. Unfortunately we don't hear or read about the thousands of times each day lawyers all over the country tell clients, "You really don't have a case here. Please don't waste my or the court's time."

I don't think for one second that Rich Melvin is playing judge & jury. He is just trying to tell you what may happen if and when the case goes to court.

Maybe somebody on the court system will dismiss the case due to human error on the part of the person who was on the tracks in the first place, as she was trespassing on private property.

Lee Fritz

I think it's shameful for everyone who's jumping to conclusions about the jogger's level of intelligence and the family's intent to sue. 

The only thing we should be thinking of is the tragic death of a 17 year old, a family and community who lost a loved one and a friend, and a train crew who has to live with the memory of a terrible event they had no control over.

She was jogging and made a tragic mistake - accidents unfortunately happen.  So far the family has only stated they hope everyone learns a valuable lesson from the tragedy.   How many of YOU have done something "stupid" or without thinking as adults let alone as a teenager.  Let's wait until someone utters the word "lawsuit" before we start slinging mud.

-Greg

Last edited by Greg Houser
modeltrainsparts posted:

The other "sad" part about this is that her family will undoubtedly sue the railroad for millions and win a judgement, even though the railroad has no culpability in the events that led to her untimely death.

Rich Melvin, Publisher & CEO

It's interesting that the Webmaster has become judge and jury over a lawsuit that hasn't even happened. Let's make conjecture great again!

Yes, it could happen; also it could not happen. Unfortunately we don't hear or read about the thousands of times each day lawyers all over the country tell clients, "You really don't have a case here. Please don't waste my or the court's time."

Replies like this make me wish there was an "unlike" button.

It is true that we don't read about lawyers with principles (or sufficient other business) who tell clients that they do not wish to take on a case because it's without merit.  

We often read about lawyers, however, who take cases like these on a contingency basis, knowing full well that many insurance policies have a built-in coverage known (affectionately in the industry) as "Go Away Money".  These payouts are not worth millions, or even hundreds of thousands, but winning a third of a "Go Away Money" pot is a good motivator for many an under-employed litigator ... and under-employed litigators are all too often the last refuge for clients who do things like jog on the RR tracks with ear buds.

My $0.02, worth precisely that.

SJS

Greg Houser posted:

She was jogging and made a tragic mistake - accidents unfortunately happen.  ...How many of YOU have done something "stupid" or without thinking as adults let alone as a teenager. 

-Greg

She was trespassing and did pay the ultimate price. It was very unfortunate. I certainly did more than my share of stupid things as a teenager. By Grace, I survived. My sympathies do go out to her family, and to the train crew.

This has reminded me of a task that I need to take care of. I have two young granddaughters that need to be taught basic safety about railroad tracks and right-of-ways. It is my assumption that this girl was not. We would never allow a child to think it is OK to walk in a lane on the Interstate highway. What makes a railroad track any different?

The difference between being run over by a train, and being run over by a Bull? Trains seldom turn around and come back to finish the job.

An important object lesson taught to me by Mr Marvin Poff the summer I worked for him on his dairy farm. You can bet I never forgot to watch out for the Bull!!

Last edited by Gilly@N&W
Gilly@N&W posted:
Greg Houser posted:

She was jogging and made a tragic mistake - accidents unfortunately happen.  ...How many of YOU have done something "stupid" or without thinking as adults let alone as a teenager. 

-Greg

She was trespassing and did pay the ultimate price. It was very unfortunate. I certainly did more than my share of stupid things as a teenager. By Grace, I survived. My sympathies do go out to her family, and to the train crew.

This has reminded me of a task that I need to take care of. I have two young granddaughters that need to be taught basic safety about railroad tracks and right-of-ways. It is my assumption that this girl was not.

She could very well have been taught about right of ways. 

I'm sure you were taught the proper way to cross a street yet I'll go out on a limb that you've broke those laws numerous times.  Did the thought you were breaking the law enter into your mind before you crossed? How about when you walk across parking lots and don't use the crosswalk either?   Everyone is making it sound as if she made a conscious decision to trespass and is speculating on lawsuits and I just don't agree that should be the focus at this point in time.  It's not like she was hanging out on a railway bridge, etc.....she just moved off a trail to avoid rocks.   Whether it was right or wrong, legal or illegal is really irrelevant at this point in time.  After all, police ruled it an accident.

-Greg

Last edited by Greg Houser

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