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Thank God there are some sane people left somewhere in this country for getting that lawsuit thrown out.  Like many of the tragic accidents that happen, there is really only ONE person to blame at the heart of it all, and usually they don't have any money.  Sad as that might be, it's neither Union Pacific's fault, or their problem.

Living near Midland, I can report that the track is straight and fairly level for approx 30 miles. In other words, you can see oncoming traffic easily.
The stories of the people I hit are actually funny because nobody was even injured...just scared beyond words.
The accident in Midland was tragic beyond words, but it was 100% avoidable.
And yes, sometimes we feel like we are singlehandedly preserving sanity in the world...common sense is a flower that does not bloom in enough gardens.

My initial hope for sanity over the incident just evaporated when I read a news account saying UP had already settled with 26 families for an undisclosed amount.  Settled for what REASON?  Heck, UP should be suing the trucker for all the trouble he caused for them.  If Union Pacific is that eager to just write checks to people who don't deserve it and have no legal claim to it, I kindly ask that I be added to the list of receipients.  Heck, why NOT?

Originally Posted by Dieselbob:

My initial hope for sanity over the incident just evaporated when I read a news account saying UP had already settled with 26 families for an undisclosed amount.  Settled for what REASON?  Heck, UP should be suing the trucker for all the trouble he caused for them.  If Union Pacific is that eager to just write checks to people who don't deserve it and have no legal claim to it, I kindly ask that I be added to the list of receipients.  Heck, why NOT?

It is a long-standing railroad practice to offer a settlement adequate to provide for a dignified funeral and burial of anyone killed n a crossing collision, separately from any other claim involving negligence.  It has been considered the decent thing to do, as many who are killed in rural areas are of very limited means.  The railroad simply does this quietly and with no impediment to the deceased's family as to pursuing legal action to recover damages.

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