Thursday, November 03, 2005

MY ONE TRACK MIND

In today's news, a woman is suing a railway company for negligence after she drove into the path of an oncoming train at an open level crossing. According to the report, Karen Schofield was hit by a moving train and shunted 100 metres along the track after she drove her BMW across an unmanned level crossing. Her claim was that the crossing gates were open and she couldn't see the warning sign.

Okay, now, drivers, Karen especially - please consider... When you are driving (that's the thing where you're behind the wheel of a vehicle), you need to pay attention. It's as simple as that. If you drive into the path of an oncoming train at a level crossing that's your fault. If a train hits you while you're on the train tracks that's your fault.

Now, if a train had hit you while you were on a motorway some miles away from any train tracks, that's the rail company's fault, Karen, I grant you that. If you were hit by a train while in the middle of a supermarket - yes, please sue the train company. Swimming in the Atlantic and a train drops from the skies and lands on your face - entirely their fault. You're on the Moon, driving the moon buggy, playing a few rounds of golf and a train cuts you up - their fault.

But while you're driving over train tracks... not their fault. Because, you see, you can look left and right, see if anything is coming, decide the appropriate measures to take if a train is hurtling towards you (for example: apply brake). The train diver only has one way to go. He's travelling at high speed, he might slow down but he can’t hop the kerb to avoid you, turn off the track to go around you, pull into a siding because you want to drive over his path. It doesn't work like that.

If this woman wins her case for negligence the rail company must be able to counter sue for moronicide.

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