Interesting near miss on the Finger Lakes in Solvay

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Interesting near miss on the Finger Lakes in Solvay

Postby nydepot » Thu Jan 24, 2019 9:31 am

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Re: Interesting near miss on the Finger Lakes in Solvay

Postby SST » Fri Jan 25, 2019 5:37 am

There are 4 things I see in this picture that may not place the entire blame on the driver of the car:

1-Snow banks along the street are pretty high and look like they are taller than the car, therefore restricting his view.
2-Sun appears to be very bright and in the drivers face further making his view restricted.
3-How fast is the train going? From the looks of it, he's kicking up a fair amount of snow as he enters an unprotected crossing.
4-If you mentally back the train and car up, the train is likely kicking up the new snow fall, sun in the drivers face, tall snow embackments, probably never saw it coming until he was already in front of it. He may have been thinking, should I stop or keep going. What if he did see it and slammed on the brakes. Likely would have slid to a stop right in front of the train. Safer to keep going.

Both are lucky.
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Re: Interesting near miss on the Finger Lakes in Solvay

Postby ccutler » Fri Jan 25, 2019 6:05 am

Yes, and with music blaring through the earbuds there's no way its the driver's fault to miss the very loud train horn. ;-)
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Re: Interesting near miss on the Finger Lakes in Solvay

Postby CPSmith » Fri Jan 25, 2019 8:32 am

SST wrote:There are 4 things I see in this picture that may not place the entire blame on the driver of the car:

1-Snow banks along the street are pretty high and look like they are taller than the car, therefore restricting his view.
2-Sun appears to be very bright and in the drivers face further making his view restricted.
3-How fast is the train going? From the looks of it, he's kicking up a fair amount of snow as he enters an unprotected crossing.
4-If you mentally back the train and car up, the train is likely kicking up the new snow fall, sun in the drivers face, tall snow embankments, probably never saw it coming until he was already in front of it. He may have been thinking, should I stop or keep going. What if he did see it and slammed on the brakes. Likely would have slid to a stop right in front of the train. Safer to keep going.

Both are lucky.


Your points may be valid, but that will not save you from a ticket and none will hold up in court, should it get that far.
As an operator of a motor vehicle, you are required to yield to the train. If you are struck, then you failed to yield.
If you claim you couldn't stop in time (snow, ice, etc.), then you were going to fast for the conditions.
At best, it's just a traffic ticket. At worst, it's an early grave.
peddle your shorts
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