3rdrail wrote:(e) does not apply as far as this discussion is concerned, nor do I believe that it concerns the collision as it goes to reflect what was in the mind of an operator immediately prior to the event.
I would not expect your opinion to be any different. She was not operating the vehicle in a safe manner. Going around gates and colliding with a train is evidence that her driving was unsafe. She needed to keep her mind on the task at hand ... driving safely.
3rdrail wrote:I believe that she was attempting to come to the aid of a fellow officer, may have had "tunnel vision", and most likely believed that she could make it accross the crossing safely.
That may be a good explanation of her actions but it does not excuse her from operating her vehicle in a safe manner and does not make her immune to the consequences of not operating her vehicle in a safe manner (as specified by Illinois State Law).
3rdrail wrote:The alternative would be that she thought that there was a good possibility that the train was going to strike her. I do not believe that to be the case as police officers are not trained that way. We are trained that the most important response is to assist a fellow officer. Therefore, the sections which I included are all-inclusive and without evidence as I have mentioned, leave (e) as not applicable.
So ignore the parts of the law that you don't like? I believe you are proving my point.
I agree that an officer is not trained to drive their vehicle into a train or any other vehicle intending to cause an accident. It is a silly statement for you to make to suggest that anyone would be trained to collide with a train. But they are trained to drive in a manner that does not do more harm than good (at least in good departments they receive good training). It didn't do her partner any good to cause a serious accident.
I understand that officers risk their lives daily to protect the public as well as other officers. Too many have ended up losing that gamble. Their names end up on our memorials, including the one in Washington DC. Killed in a traffic accident en route to a call is not a good outcome. The officer in this case was fortunate not to put her name on a memorial.