They may win at trial, but on appeal they usually
lose, at least in the State of Illinois. Here the law
is clear, the train has the right of way. Now if the
rr does not sound a warning, the signals are not
working, or the view is obsructed, the motorist MAY
win. Just observations from a country lawyer!
John D. Mitchell, Jr.
--- William Barber <clipperw@E...> wrote:
> Russ,
>
> The figure I quoted was some years ago, so I am sure
> you are correct.
> Another figure that I have heard quoted was that, at
> one time, BN had
> at least one train/auto collision per day somewhere
> on the system.
> Unfortunately, no matter what the circumstances are,
> the RR usually
> loses in court if it goes to trial. Juries always
> favor the "little"
> guy. I understand that most cases are settled out of
> court for that
> very reason. Maybe some of our lawyer members can
> comment on that.
> Years ago, I did hear a story of a lady in Downers
> Grove who ran into
> the side of a Pacific on a commuter train, damaging
> the rods and valve
> gear. The RR offered to settle out of court, but she
> thought she would
> do better in a trial. When the facts were presented,
> she lost and wound
> up paying not only for her own vehicle's damage, but
> also the damage to
> the RR property. Once in a while, the RR wins!
>
> Bill Barber
>
> On Tuesday, January 28, 2003, at 05:20 AM,
> BRHSlist@yahoogroups.com
> wrote:
>
> > Message: 6
> > Date: Mon, 27 Jan 2003 10:18:35 -0600
> > From: "Russell Strodtz" <vlbg@e...>
> > Subject: Re: Cars running into trains.
> >
> > Bill,
> >
> > Based on the BNSF incident reporting that 1/3
> figure is probably
> > a little low.
> >
> > Was a funny one in Southern Missouri or Northern
> Arkansas recently.
> > Police advise the RR that someone had driven into
> a train. RR tries
> > to match the train and has a train stop and
> inspect. Sure enough
> > about a hundred deep there is evidence of a fresh
> collision. Nothing
> > unusual here but the one thing the RR has as proof
> was the vehicle's
> > front license plate, which had somehow got stuck
> or wedged into
> > the side of the car. Take that one to court!
> >
> > Russ
>
>
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