sandman2234
Super Member
- Joined
- Dec 4, 2005
- Messages
- 5,835
- Location
- Jacksonville, Florida
- Tractor
- JD2555 and a few Allis Chalmers and now one Kubota
Im not touching Sandmans post with a 10 foot pole. :laughing: It would just ignite a p!ssing match 20 pages long. I see fault on both sides but I wasnt there so I wont speculate.:2cents:
There is no doubt the driver learned a valuable lesson, and lived to remember it. What he should have done was what the conductor did, which was fake an injury. *Ok, 99% sure it was fake, give him 1% of a chance) but faking an injury isn't the right way, so no law suit grounds to counter sue with against the r/r employee's suit.
There is no doubt that mistakes were made on both sides, and this accident is where my signature line comes from. The driver learned from his mistakes, and learned a lot from the accident as far as just how far some people are willing to go with greed. Despite all of the mistakes on both sides, the drivers contributing factors were considerable less toward the overall picture, and in the end the courts agreed. However, the civil suits were beyond my control and the companies settled out of court for more money than I would have ever guessed them to. They just paid the guy what it would have cost them to take it to court and that kept them from chances of getting a jury verdict against them.
As far as being there to get your side of the story, it wouldn't have mattered because the first impression you would have gotten would probably been the same one everybody else who was there, or learned of the accident. Driver got hit on the tracks...Driver is at fault. Not until the actual rulebook of the railroad came up, did anyone ever believe the driver might not have been in the wrong.
David from jax