[ObeyTheNumbers]

Temple student injured in SEPTA crash suing Uber, driver and the transit authority

21-year-old Emile Holland says he sustained a fractured leg, concussion, lost teeth and broken bones after a collision with a Media Wawa line train on Dec. 21

www.phillyvoice.com

 

[Mad_Jack_Flint]

Uber can not test the competency of it driver and has to go by the driving record of the driver.

I ain’t defending Uber or the driver but look his claim that Uber is negligent because they failed ( supposedly ) to test the driver competency is a stretch for him.

Uber will off a settlement and he might get the fifty thousand so the lawsuit goes away but there is no way for a driver to be tested like that before Uber allows them on the platform nor would Uber or Lyft do it.

 

[SinTaxERROR]

If the signals were not working properly the transit authority is at fault. If the Uber driver tried to evade working signals then the Uber driver is at fault. Either way, all are lucky to be alive.

 

[observer]

If the signals were not working properly the transit authority is at fault. If the Uber driver tried to evade working signals then the Uber driver is at fault. Either way, all are lucky to be alive.

Even if the signals weren't working the driver should have checked to see if a train was coming.

It's like crossing an intersection, even though your light is green someone might still run their red light.

The biggest takeaway here is that accidents happen. I wonder how the driver is doing and if he has any injuries. Hopefully he also had insurance to cover his loss of the car.

 

[Stevie The magic Unicorn]

If the signals were not working properly the transit authority is at fault. If the Uber driver tried to evade working signals then the Uber driver is at fault. Either way, all are lucky to be alive.

Not nessisarily true.

Unless the intersection is a downtown intersection or somehow the intersection is 100% blind I suspect that the train was visible or should have been visible.


However it's very unlikely that uber will be found liable for it. Uber's insurance will be. Uber probobly i'm hoping did a driving check on the guy. Unless he has had compliants for unsafe driving there's little uber can be found liable for.

However the insurance they are probobly legaly required to carry will end up paying out. The driver is ****ed, he probobly got hurt pretty bad and I'm pretty sure uber doesn't actualy insure the driver.


This really boils down to who is at what % at fault and how much the guys actual legal damages are.

And that will come down to whether crossing equipment is functional and how visible the intersection is, and how hurt the guy is.

 

[Diamondraider]

Uber can not test the competency of it driver and has to go by the driving record of the driver.

I ain’t defending Uber or the driver but look his claim that Uber is negligent because they failed ( supposedly ) to test the driver competency is a stretch for him.

Uber will off a settlement and he might get the fifty thousand so the lawsuit goes away but there is no way for a driver to be tested like that before Uber allows them on the platform nor would Uber or Lyft do it.

If only there was a competency requirement 💭

 

[SinTaxERROR]

I’m just going by how the article stated the signals were not working properly… a signalized and non signalized section of track will determine max speed of train as well… even if the train was not visible driver still should have heard horn blasting from train… Insurance companies will figure it out

 

[Paul Vincent]

I suspect the rider told the driver to punch it because he was late.

 

[W00dbutcher]

It's the passenger's fault.

They booked the ride and determine the drop off location.

A good defense lawyer will be able to get Uber and the Transit Authority off, on just these facts alone.😉

 

[UL Lurker]

I’m just going by how the article stated the signals were not working properly… a signalized and non signalized section of track will determine max speed of train as well… even if the train was not visible driver still should have heard horn blasting from train… Insurance companies will figure it out

Horn?? I haven't heard a train horn blowing in years.

 

[Mole]

Only a 100k lol I would be asking for millions

 

[UL Lurker]

I suspect the rider told the driver to punch it because he was late.

I ALWAYS refuse such requests. I remind them that there is a reason that they hired me to drive them and that reason isn't my business. I have a vested interest in all of us traveling safely.

This is also my response when the app tells me to make illegal left turns, illegal u-turns, and / or drive through walls, buildings, and other unsafe situations. Most readily accept that response, but a handful will "dare" me to do it anyway. Ummmmmmm . . . nope. IF I ever drove like that, those days are long over! I prefer staying alive.

 

[SinTaxERROR]

It's the passenger's fault.

They booked the ride and determine the drop off location.

A good defense lawyer will be able to get Uber and the Transit Authority off, on just these facts alone.😉

Are you suggesting that the drop off location was in the middle of a railroad crossing, and that the driver was just complying with such drop off request? LOL

 

[W00dbutcher]

Are you suggesting that the drop off location was in the middle of a railroad crossing, and that the driver was just complying with such drop off request? LOL

Not at all. The drop off in question was obviously somewhere else, but the passenger should have known that it was going to cross a railroad track. Thus leading to a possible incident or accident resulting from the crossing of the railroad tracks.

Trust me, a good lawyer will make that a plausible scenario, raising the possibility that neither Uber or the transit authority is in whole responsible for the accident.😁

 

[UberBastid]

Horn?? I haven't heard a train horn blowing in years.

There's a little railroad town to the north of me by the name of Dusmuir.
Reminds me of Berkeley in a lot of ways
There is a creek, about ten feet wide that runs all year and is the beginning of the Sacramento River. There is native trout in that creek ... ahhh, another story.

The town is in the middle of a very narrow valley, a gorge ... deep, not very wide.
It is, and always has been a railroad town.

I was up there for a poker game once and watched a freight train roll through. I asked a local if they get a lot of train traffic. He said yes, and that he doesn't even hear them any more. UNLESS they sound their horn.

"If they sound a horn, it is an emergency. Something on the tracks or something major wrong ... because when they fire up that horn it LIGHTS UP THIS VALLEY. It wakes everyone in town. I mean, you can feel it in your teeth. It doesn't happen often - I always wait for the crash when they do that, and I've heard a couple."

 

[SinTaxERROR]

There's a little railroad town to the north of me by the name of Dusmuir.
Reminds me of Berkeley in a lot of ways
There is a creek, about ten feet wide that runs all year and is the beginning of the Sacramento River. There is native trout in that creek ... ahhh, another story.

The town is in the middle of a very narrow valley, a gorge ... deep, not very wide.
It is, and always has been a railroad town.

I was up there for a poker game once and watched a freight train roll through. I asked a local if they get a lot of train traffic. He said yes, and that he doesn't even hear them any more. UNLESS they sound their horn.

"If they sound a horn, it is an emergency. Something on the tracks or something major wrong ... because when they fire up that horn it LIGHTS UP THIS VALLEY. It wakes everyone in town. I mean, you can feel it in your teeth. It doesn't happen often - I always wait for the crash when they do that, and I've heard a couple."

“You can always tell a jumper…” that’s what my neighbor always used to say to me… lol

 

[UberBastid]

“You can always tell a jumper…” that’s what my neighbor always used to say to me… lol

"But you can't tell them much ..."

 

[Wil Mette]

However it's very unlikely that uber will be found liable for it. Uber's insurance will be.

Uber's insurance will only pay if Uber is liable and then only up to the amount of the policy.
The driver will declare bankruptcy.
Uber will have to pay the rest.

 

[Wil Mette]

SEPTA claims that the signals were working and when they are not working they have flagmen or the conductor stops the train gets out & directs traffic.

 

[Disgusted Driver]

When something bad happens, a good attorney will sue everyone that is remotely connected with the issue and let courts and negotiations settle it. Of course you sue all three and it's probably a combination of the three. Perhaps the equipment was faulty at the crossing. The driver is clearly an idiot for stopping on tracks. Uber does nothing to vet drivers aside from the background check. Instead of spending the money to do any sort of quality control, they let the customers do the vetting. If I got into an accident one could argue that Uber was complicit because they knew I speed and let me keep recklessly driving for them.