Re: Interesting Challenge for Trial Attorneys
Author: SP5103
Date: 03-25-2015 - 12:12
First - CSXT and most large railroads are self-insured, and have deep pockets. It was actually a CSXT train that hit them, so it could be argued if the train wasn't there or the railroad had prevented them from being on the bridge they wouldn't have been injured/killed.
The responsible individuals with authority involved, and what I believe is basically a small independent film company, could obviously be found negligible, but if they were found financially liable would probably declare bankruptcy. There hopefully would be some insurance settlement, but if it were around $5-10 million that doesn't go far after being split between numerous victims and 30% to their attorneys.
The victims only hope for being financially compensated (or windfall) would be to either find CSXT at least partially liable, or have them make a generous settlement to make it go away rather than take a chance on an incompetent and sympathetic jury. No doubt Rayonier will be also settling since they provided access across their property.
Basically in our American "justice" system: I didn't have enough common sense on my own to tell my employer to go #%$( themselves and preserve my own life, so someone owes me for my stupidity in trusting my employer, and whomever has the most money that was either responsible or the slightest involved owes me (and my attorney).