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Jury: Train company not at fault for fatal accident
Published Friday, December 11, 2009
A Chilton County jury decided Friday that CSX Transportation was not liable for the deaths of four men killed in a February 2007 accident.
The men died after the van they were riding in collided with a train just off U.S. 31 near Thorsby during the early morning of Feb. 8, 2007. Four other people in the van were also hospitalized.
The men were on their way to work when the collision occurred about 5:40 a.m., when it was still dark.
Family members of the deceased filed the wrongful death suit, which was heard this week before Circuit Judge John Bush.
Attorneys for the families argued CSX failed to maintain adequate crossing signs and failed to sound the train’s horn long enough.
Court records show part of the faded crossbuck sign was broken off. The word “rail” was missing from “railroad crossing.”
Within a week of the accident, a new, reflective railroad crossing sign was put up next to the track.
CSX attorneys argued the van pulled out in front of the oncoming train and that the driver’s negligence was the cause of the accident.
The defense also said the train’s horn was blown on approach, and, despite the condition of the sign, the van’s driver had traveled the road before and knew about the crossing.
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Comments
Posted by POPNPETE (anonymous) on December 11, 2009 at 6:26 p.m. (Suggest removal)
i just dont understand what could have beens going on in that van, i stay in lomax about a quarter miles from the track and hear the train horn all the time,do the horn be real hard to hear in a car? think about it, if the raido up and 8 peoples talking it might be hard to hear that horn i am sorry for the family i pray for yall.
Posted by nanny444 (anonymous) on December 11, 2009 at 6:55 p.m. (Suggest removal)
Even if 8 people were talking and the radio on doesn't change the fact that the driver had been over the tracks before the accident and definitely knew the crossing was there. But how in God's name do you not hear a train blowing when it is right on top of you?!!! Gimme' a break!! Those family members were looking for the American Dream through a huge settlement from CSX. But I am sorry for their loss.
Posted by POPNPETE (anonymous) on December 11, 2009 at 7:19 p.m. (Suggest removal)
accidents do happen!!!!! that is what this was I KNOW FROM EXPERIENCE, IN CERTAIN SITUATIONS YOU CANT HEAR THE HORN BLOW, LOOK UP THE BAD TRAIN WRECK IN 1954 IN DETROIT.THENS YOU CAN GIVE ME A BREAK AND THATS ALL I AM GOING TO SAY
Posted by PeachCapitalusa (anonymous) on December 11, 2009 at 8:28 p.m. (Suggest removal)
The train did not pull out in front of the van... the van pulled out in front of the train... stop...look...listen..!!!! Simple really....
Posted by RktScience (anonymous) on December 11, 2009 at 10:16 p.m.
(This comment was removed by the site staff.)
Posted by Doodle (anonymous) on December 12, 2009 at 7:13 a.m. (Suggest removal)
Yes there was a lady killed shortly after this accident. But she was not trying to beat the train according to her grandkids they never saw it.
I have almost been hit there before because at night when you look back towards Clanton it is hard to tell if its a train or the lights from the mill.
Posted by southernpride (anonymous) on December 12, 2009 at 10:12 a.m. (Suggest removal)
Get mad now at what I am going to say but this is what I think. If I had been on the jury I would of gave them nothing even if the train was at fault. They are here illegally and should not get5 protection from our court system!!
Set that aside and I still would of gave them nothing. The driver who left and went back to Mexico due to being afraid he may be arrested in relation to the deaths. Why did they not sue their amigo who pulled out in front of the train?
They lived and traveled over the tracks hundreds of times. They knew to look out for the train.
Posted by November162000 (anonymous) on December 12, 2009 at 11:45 a.m. (Suggest removal)
Trains do have a way of regulating the gene pool.
Posted by chilton77 (anonymous) on December 12, 2009 at 1:32 p.m. (Suggest removal)
Actually, the people who sued are not illegal, but even if they were they still could have sued. That boogles me. You can be an illegal immigrant and still sue... amazing. I hate it for these families, but if you are gonna be dumb you better be tough...... I cross this crossing several times a day and have never had an issue with seeing or hearing the train. This is a matter of a few grieving families wanting a settlement and that is not right, I don't care if they are mexican, american, chinese, whatever. I also feel for the engineer on this train. I can't imagine what he has gone through since this accident.
Posted by November162000 (anonymous) on December 12, 2009 at 5:20 p.m. (Suggest removal)
kw: I think that generally depends on the demographic makeup of the jury. But, I agree with the direction that your thought is going.
Posted by RktScience (anonymous) on December 12, 2009 at 6:52 p.m.
(This comment was removed by the site staff.)
Posted by November162000 (anonymous) on December 13, 2009 at 5:34 p.m. (Suggest removal)
Rickey: I agree with you completely on the above comment, but what gives? You have been on the exact opposite side of that argument numerous times in this forum on various other stories, even to the extent of suggesting that people who felt that way are racist. But, I do agree with you this time.
Posted by KatherineReece (anonymous) on December 13, 2009 at 8:04 p.m. (Suggest removal)
I live about 3 miles from this intersection towards the interstate and *I* can hear the train!! If you live in this area for more than a day you know the trains are up and down there all day and night.
As someone else says at that intersection you can see for miles either way.
Had I been on the jury I'd have ruled the same. I'm not going to touch the racial issues. No Sir.....
Posted by southernpride (anonymous) on December 14, 2009 at 8:39 a.m. (Suggest removal)
kw iI don't know why I am racist if I think illegals should not be covered by our court system. However, in the comment I stated settign that aside, I would not give them anything for the reasons I listed. Suppose if I said I did not think the homosexual lifestyle was sinful, I would be a homophobic person who hates homosexuals?
I would not of cared had the van been full of 8 white women, me, you or whoever, if you pull onto a traintrack in front of a train you will get what is coming to you! Tha is badly hurt or dead.
I stand by my previous opinion unlike some who run from their opinion the minute someone disagrees. They deserved nothing and they got nothing.
The railroad paid for the funerals which was more than owed to them. However, I think it was a kind gesture on their part.
I just hope that others learn from this horrible event.
Posted by southernpride (anonymous) on December 14, 2009 at 8:41 a.m. (Suggest removal)
Just one last comment. Are you saying the jury was racist and would of gave money to a white family?
I do not think that played into the jury's decision. I think they did what they felt was right and I am not going to accuse them of anything different.
Had you been on the jury, are you saying you would of bent over backward to award a verdict in their favor to prove you are not racist?
Posted by Clanton_newbie (anonymous) on December 14, 2009 at 10:10 a.m. (Suggest removal)
Trains don't see color of skin ... if you try to beat a train, sooner or later you will lose. And it doesn't take a stop sign for a driver to know that you should stop for train.
Posted by wareaglebrat (anonymous) on December 14, 2009 at 11:04 a.m. (Suggest removal)
To answer the comment "I wonder if the railroad paid for that white lady's funeral. I'd bet it didn't." NO they did not.
They have paid for NOTHING.
Posted by southernpride (anonymous) on December 14, 2009 at 2:16 p.m. (Suggest removal)
kw I can't say that there is not some truth to what you say. However, the race or prejudice thing is played so much I am sick of hearing it. Seems like as soon as you don't agree with someone's poition or have a belief contrary to theirs you are a racist.
For example if I oppose mixing the races, I am racist. If I oppose same sex marriages, I am gay bashing. As soon as I don't get a job I want, it is because I am black. This could go on forever. I personally sick of such. I don't insult or call people names that the things I just mentioned is okay. Why are they not labeled? I am not politically correct and not one bit ashamed that I am not!
Posted by November162000 (anonymous) on December 14, 2009 at 2:36 p.m. (Suggest removal)
kw: Whether prejudices abound or not has nothing to do with this being Chilton County. You'll find prejudice in any county and in any state that you travel to. You'll find it in ALL races and ALL sexes. And, in a few instances, you'll find prejudice in ME. Some would say that qualifies me as a racist, but they would be the people who don't bother to understand the definitions of words before they use them.
Noticing that certain comments have been deleted above, it appears as though The Advertiser has their pink politically correct panties on today. And they appear to be fitting just a little too tight.
Posted by November162000 (anonymous) on December 14, 2009 at 2:42 p.m. (Suggest removal)
Back to the verdict, it's refreshing to see that OCCASIONALLY common sense wins out over political correctness or victimism.
Posted by November162000 (anonymous) on December 14, 2009 at 6:54 p.m. (Suggest removal)
snakemeister: You are correct. If you express certain preferrences you are considered racist. If you hold certain opinions you are considered racist. I just believe that before people throw out words like "racist" they really should look up the definition instead of applying their own definitions to fit whatever they are complaining about at the time. Strange that this nation elected a (at least partially) black president and a total idiot for vice president, yet we are still considered racists and discriminators against the mentally challeneged.
Posted by powerlineman (anonymous) on December 14, 2009 at 10:24 p.m. (Suggest removal)
now they are scratching more then they're head
Posted by southernpride (anonymous) on December 15, 2009 at 9:25 a.m. (Suggest removal)
Bush was not favorite or least favorite president. It is odd that according to CNN national polls show the majority would rather have Bush as president over Obama.
What a contender promises and what a president delivers is indeed two horses of a different color!
When it comes to racism, most blacks that I know are more racist than any of the whites or Mexicans I know.
Posted by reddcorp (anonymous) on December 15, 2009 at 11:18 a.m. (Suggest removal)
Lesson: The train wins every time.
Posted by SnugglyBugglyBoo (anonymous) on December 15, 2009 at 12:44 p.m. (Suggest removal)
I can tell you this was not an easy trial for any of the 14 people to set thru they had to make a decision based upon what they heard this week not what the public or any of close family had to say nor how they felt for the families involved but based on the evidence that was showed to them.Unless you were there during all this you DO NOT KNOW what that evidence was.You can only assume what it was. Personally I know that this jury was set up of School Teachers, Line Men for the power company, General Laborers, Walmart associates and many others that work in our community. The Attorneys had an oppitunity to pick some of the jury and I feel that the victims Lawyers had every chance to make a change in the picking. I do not believe that if it would have been any one else that the verdict would have been any different, considering it was based on evidence that was showed not on the skin color that was showed.
I am very sorry to the mother that lost her child, son and daughter that lost their dad, the 3 passengers that were hurt very badly. Also I feel for the conductor who had to go step out of the train and go back to were the crash happened and look at the bodies layed out everywere, and regardless to who was at fault he also has to live with those thoughts and scenes in his mind. Then theres the 25 year old engineer that has to live with fact that at 25 his train hit and killed 4, do you really think that he dont think about this accident daily. Trains cant stop on a dime, regardless if you can see them or if the conductor or engineer can see you.
No matter what you think or how you feel you need to take a look at everything at hand and the peoples lives that this ACCIDENT has had an impact on. I am not speaking of just the ones in the van either or the ones in on the train. Think about the families of each and community were this took place. Too many times we are up to blaming someone or something for pure ACCIDENTS that take place in every day life. This was truely an ACCIDENT that took place and we should remeber ALL that was affected in our prayers and thoughts everyday. We all wanna talk about what should have been done differently when we can make a differance now with our own thoughts and opinions that we paste here for all to see.
Futher more Ill leave you each with this to think about I dont know what you remeber about anything that was taught to you in school but at some point in time we've all said the pledge allegiance to the American Flag and the last time I read it, it plainly states One Nation Under God ....With Liberty and JUSTICE For ALL...No were in there did I see or read or hear JUSTICE ONLY FOR BLACK, WHITE, RED, GREEN, INDIANS, HISPANICS, TRAIN DRIVERS, CARS DRIVERS, TRUCK DRIVERS, or etc. It plainly says Justice for All.
Posted by SnugglyBugglyBoo (anonymous) on December 15, 2009 at 9:29 p.m. (Suggest removal)
kw the question is why were there not any hispanics picked by the platiffs attorneys cause there were some to choose from.
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