Who should bare the blame?
By jeanneyvonne
@jeanneyvonne (5501)
Philippines
June 25, 2012 10:47am CST
I dunno but I am still horrified of a past news about a tricycle getting slammed by a running train. The tricycle has a deaf driver with almost 12 children. Most of the children are very young and they are positioned in every nook and cranny of the tricycle. In addition,. They had a grade schoolteacher aboard who permitted this to happen. I sincerely don’t know why she hasn’t objected to this scheme. Imagine having young children standing in the back of a moving tricycle and even children on the roof. Clearly, the driver did not hear the train (the wife claims that he has hearing problems) but I really can’t imagine a driver like that. Of course, the PNR will extend help even though they are not yet charged with fault. Do you think that it is fair to give compensation when you know that you are in the right?
2 people like this
4 responses
@rsa101 (37929)
• Philippines
26 Jun 12
Well I think there is more faults with the driver because first of all he was overloading and to avoid being caught by authorities he chose to drive to a road that crosses a railroad. There is clear evidence that they are evading someone that led them to this tragic accident.
Of course there are some minor faults for PNR for not putting in warning signs or block so no one would pass then a train is about to pass that area. I think they should put some signs visually so that drivers would be warned as well and there is no excuse for any drivers with hearing problems that deny they did not hear them.
As for compensation I think the passengers must be paid by PNR but for the reckless driver I do not know if he will be paid at all.
@rsa101 (37929)
• Philippines
28 Jun 12
Well that is another issue to tackle in here. I think the discipline of the community to protect the infrastructure PNR places on their community should be protected by them as well.
For some places I saw PNR build this bamboo contraption so that it would not be too tempting for thieves to pry on. But of course the lifespan of it would not last compared to metal structures.
@cttolledo (5460)
• Legaspi, Philippines
27 Jun 12
Hi rsa101!
I think no liability on the part of PNR.. what is the purpose of railway? it is obviously for trains, and why the tricycle was there..? from the very start they are aware of the risk they are taking at that moment, and what happened was the consequences of the risk they have taken..
1 person likes this
@katcarneo (1433)
• Philippines
25 Jun 12
I heard updates about this in the news last night. PNR (the train company) extended financial help, and the driver of the train was suspended. My reaction was "Why should he be suspended?" If I were him or his wife, I would object to that. The tricycle was the one that got in the way of the train in an area which was NOT a crossing. The train driver couldn't have done anything. The train has the right of way.
Overloading tricycles is a practice in the area. That one has to be corrected, and the local government has already seen to that. Also, the driver of the tricycle had hearing problems so he wasn't able to hear the approaching train, so the local government is now also requiring rigid vision and hearing tests to drivers.
Regarding the question of whether or not it is fair to give compensation, in this case I think what PNR did is not fair to them, but is meritorious. Even if it's not their fault, they extended help because they can. Isn't that a basic principle, for us to help whenever we can?
@jeanneyvonne (5501)
• Philippines
26 Jun 12
Thank for the update. I can’t catch up with the news due to work. I think it is a disservice to the train driver because he tried what he could do even in the short notice. I assume that he did not want the incident to happen because he will lose his job and he will get the guilt from the incident. After all, nobody wants to kill anyone, especially in accident. More especially because it involved children.
Regarding the overloading problem, I cannot do anymore that the local government has done. I guess this sis a painful lesson for them as much as for the drivers themselves. With respect to the PNR, I think it is a good gesture of faith from them. However, suspending their driver who is something that I do not agree with. Just because the train hit the tricycle in a accident doesn’t automatically mean that the person who hits is the party liable for suspension.
@katcarneo (1433)
• Philippines
26 Jun 12
Yeah I feel bad for the train driver. He seemed very shaken himself, and he said on his interview that if only the train had a steering wheel, he would've veered away in order not to hit the tricycle. He said he did everything he could. Which is true--there was only so much he could do.
The local government rounded up all the tricycle drivers and operators in their area to talk to them about overloading, and they are now implementing stricter laws. Sad that children had to die because this was addressed.
@suspenseful (40193)
• Canada
27 Jun 12
You mean a school bus, don't you? I would say that if he started to have hearing problems after being hired, he is to blame if after someone told him, he is to blame. However, if he did not know and they kept silent about it, then the ones who did not tell him are to blame. I think the school board should bear some responsibility since they probably could see his hearing was getting bad.
