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Not enough information to know...

Posted on: July 1, 2022 at 10:53:05 CT
Gyro MU
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If there was an easement, railroad had a duty to maintain, but was the lack of maintenance and therefore weeds obscuring the view a proximate cause of the accident or not?

A commercial vehicle driver arguably has a higher standard of care than a non-commercial driver.

The elevation of the ramp should foreseeably contribute to a better viewpoint for a driver to see a train when there is no crossing mechanism to warn them of an oncoming train.

These are questions of fact that will require a lot of expert reports.

So the answer is to be determined. Either way, it's an extremely unfortunate accident.

Edited by Gyro at 10:54:43 on 07/01/22
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MESSAGE THREAD

Shack legal question - alstl MU - 7/1 10:42:41
     If the dump truck had been issued a parking ticket it would - Emoji Man OU - 7/1 22:31:43
     FRiend had his farm access removed cause of tracks. - cybertyger MU - 7/1 14:20:09
     Little known fact...RR companies aren't laying down - SEMOTiger1 SEMO - 7/1 14:06:25
     Doesn't matter, only who has the deepest pockets. - RHAYWORTH MU - 7/1 11:51:14
     The dump truck driver's widow and the company he - kmawv8 MU - 7/1 11:36:39
          Suing BNSF and Amtrak for lack of training operating the - Lt. J. Dangle MU - 7/1 12:04:48
     I would think department of transportation - STLTIGER MU - 7/1 11:31:23
          Chariton County quickly put out a statement - doughboy MU - 7/1 12:21:40
               400K to change from passive to active crossing - MODOT - alstl MU - 7/1 21:28:20
               If true, MODOT is screwed.........nm - tigertix MU - 7/1 12:43:27
     Time to call Jungle Law (nm) - mizzouSECedes STL - 7/1 11:29:15
     Amtrak is suing the dump truck's company too - TigerJackSwartz MU - 7/1 11:12:39
     RE: Shack legal question - *M* KC - 7/1 11:06:11
     I don't know but a mere 3 hours after the crash AW Smith - SabertoothTiger MU - 7/1 10:53:37
          To be fair, train accident cases is a very specialized area - Gyro STL - 7/1 10:58:11
               What about lawyers who offer up $1,000 for personal info - Carlos Rossi KC - 7/1 11:09:07
                    stop being a pussy and tell Gyro who you are. - bluesox7 MU - 7/1 11:16:34
                         Does Gyro know you are a MAGA Qtard?(nm) - hefeweizen MU - 7/1 11:30:45
                              Couldn't care less(nm) - Gyro STL - 7/1 12:17:50
                              have another budweiser, fella! (nm) - bluesox7 MU - 7/1 11:59:06
                         How's that whistle working for you at Hooter's...it's - Carlos Rossi KC - 7/1 11:24:44
                              yawwwwnnnnnn - bluesox7 MU - 7/1 11:27:23
               Maybe he could have waited a day or - SabertoothTiger MU - 7/1 11:03:57
                    And I'm sure... - Gyro STL - 7/1 11:05:56
                         He can do whatever he wants but he looks like - SabertoothTiger MU - 7/1 11:06:55
                              They are all dbags. They dont care about being - STLTIGER MU - 7/1 11:32:46
                              That's great(nm) - Gyro STL - 7/1 11:07:33
          definitely a dbag move(nm) - MizzouAstro MU - 7/1 10:54:06
     Not enough information to know... - Gyro STL - 7/1 10:53:05
          Hey it's stalker boy! How did you attempt to get my - Carlos Rossi KC - 7/1 10:56:04
     Were the weeds inside or outside of the easement?(nm) - jumbo73 MU - 7/1 10:44:57
          they were at cnks house! - colonel angus beef KC - 7/1 10:52:51
     my legal advice: - MizzouAstro MU - 7/1 10:44:11
          idiot - colonel angus beef KC - 7/1 10:53:18
               ****ing exactly - MizzouAstro MU - 7/1 10:53:49
                    RE: ****ing exactly - cnk ATL - 7/1 10:56:11
                         RE: ****ing exactly - colonel angus beef KC - 7/1 11:47:45
                    maybe The Kraken is just a train that got lost at sea - colonel angus beef KC - 7/1 10:55:48




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