A write-up that I have read (http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/08/20/national/a210745D25.DTL ) caused me great concern. Another young man, namely Zachariah Smith, 18, has incurred injuries after being hit by a raging train while crossing railroad tracks. In this particular case, the victim was said to be caught unaware of the coming train due to irresponsible cell phone use. This incident has happened despite the train operator’s continuous blowing to warn the kid, as stated by several witnesses.
Most train accidents occur because of the operator, engineers or train manufacturer’s negligence in performing their functions. Yet, as I saw this event, the fault was greatly on the side of the victim who was just apparently daydreaming as the witnesses described him. Hence, in my opinion, the train company has no legal obligation for the injuries inflicted by the victim.
The U.S. laws guarantee remedies only for those individuals who have been injured due to other people’s negligent doings. Suitable personal injury claims may then be filed in courts or insurance companies. If whatsoever they were able to prove the defendant’s illicit act was the cause of the harm, they will finally get their recoveries and obtain justice.
Consequently, the victim in this particular case cannot oblige the railroad authority to pay them any damages and support no matter how his family begs.
Again, the scenario, which has resulted to serious personal injuries and losses, should not have happened if only proper diligence and care was exercised. We must remember that our safety also depends on how cautious we are. Improper use of cell phones, especially when you are out on the streets is certainly dangerous as your attention to traffic might be greatly affected.
Therefore, the next time you really need use your mobile phone or cell phone, look for a safe place to stop and operate on them. This is definitely safer than simultaneously walking around while doing something else, like operating your mobile phone.
Most train accidents occur because of the operator, engineers or train manufacturer’s negligence in performing their functions. Yet, as I saw this event, the fault was greatly on the side of the victim who was just apparently daydreaming as the witnesses described him. Hence, in my opinion, the train company has no legal obligation for the injuries inflicted by the victim.
The U.S. laws guarantee remedies only for those individuals who have been injured due to other people’s negligent doings. Suitable personal injury claims may then be filed in courts or insurance companies. If whatsoever they were able to prove the defendant’s illicit act was the cause of the harm, they will finally get their recoveries and obtain justice.
Consequently, the victim in this particular case cannot oblige the railroad authority to pay them any damages and support no matter how his family begs.
Again, the scenario, which has resulted to serious personal injuries and losses, should not have happened if only proper diligence and care was exercised. We must remember that our safety also depends on how cautious we are. Improper use of cell phones, especially when you are out on the streets is certainly dangerous as your attention to traffic might be greatly affected.
Therefore, the next time you really need use your mobile phone or cell phone, look for a safe place to stop and operate on them. This is definitely safer than simultaneously walking around while doing something else, like operating your mobile phone.
