Accident caused by forklift forks left up - GIF

**Crusty** · Nov 9, 2019, 06:39 PM

True story from 40 years ago.

A guy was traveling cross country in a Winnebago when a problem developed with his brakes. He pulled into a garage along the way and the mechanic said his front brakes were shot and could be fixed in several days when parts arrived. The driver instructed the mechanic to disconnect the front brakes and rig it so that he could continue on using his rear brakes only. Farther down the road the guy came to a railroad crossing with a moving train in it, couldn't stop in time and rammed into the side of the train, which latched onto his Winnie and dragged it down the tracks where a hundred yards farther there was a phone booth near the tracks with a guy in it using the phone. The dragged Winnie destroyed the phone booth and the guy inside was seriously injured.

Who got sued?

Why AT&T naturally, and they settled out of court for an undisclosed sum.

**ibdennyak** · Nov 10, 2019, 12:06 AM

Who got sued?

Why AT&T naturally, and they settled out of court for an undisclosed sum.

Somehow the legal logic escapes me on that one.

**mklotz** · Nov 10, 2019, 12:17 AM

Originally Posted by ibdennyak

Who got sued?

Why AT&T naturally, and they settled out of court for an undisclosed sum.

Somehow the legal logic escapes me on that one.

"Legal logic" is a contradiction in terms.

**ibdennyak** · Nov 10, 2019, 01:24 AM

"Legal logic" is a contradiction in terms.

Thank you sir. I agree most whole heartedly. Legal logic has descended to how much can we get paid for this.

After reading the opinions on the forklift vs scooter debacle, I find I had to agree with both sides. Then I realized that every one was trying to fix blame. I decided that the whole thing was more of a social problem....lack of responsibility for one's actions. I guess if I was the judge in that situation, my decision would be to see if the lady needed medical attention, then take away her scooter key. If she rides on a walkway and drives into stationery objects, she shouldn't be scootering. It could have been an innocent pedestrian as well as a forklift.

Then I would take away the forklift drivers key and hand him a broom. It seems more suited to his abilities. Then I would take the forklift and drive over his phone to remove the distraction from his life. I would strongly suggest to the owner of the lift truck to find an operator with a longer attention span or he will be paying for the next accident. I didn't see any deliberate animosity in the situation, so I would call it two idiots meeting at the wrong time.

Being a registered and certified olefart, I have noticed that personal responsibility has gone away in the last 50 years or so. I kind of blame the new method of child rearing. The first generation has grown up and still has the who can I blame mentality. That attitude has fed on itself and gotten worse. For example, I won't say that I never did any dumb things. On the contrary I was notorious for doing stupid stuff, but my parents considered it as survival training. I remember quite vividly being about 4 years old, and being fascinated by how a stove burner would be black, and when you turned a knob it would glow red. Yep, I finally got the courage to touch it.....resulting in four huge blisters, immense pain, and a lot of screaming and crying. My mother informed me that I was a dumb a$$, applied some burn ointment and four band aids. Oddly enough, to this very day. I have not touched another burner without making sure it was off.

Another example.....my parents took me to see a Joey Chitwood demolition derby. I thought the car tricks looked like fun, so I started doing jumps etc with my bicycle. One stunt that fascinated me was the driving through a burning wall stunt. I decided I could do that with my bike, so I got a bunch of lathing and built a wall out of it. Yep, poured some diesel on it, lit it up and rode towards it at top speed. I kind of picture my mother watching me through the window and telling my dad that his kid was a dumb a$$. Anyway, as soon as my front tire penetrated the wall I realized that anything above the handle bars would be demolished by my face. It worked very well....flying debris everywhere....and more excrutiting pain from burning splinters stuck in my face. My dad came out, stomped out the flames and hauled me into the house where my mother picked out the splinters and applied liberal quantities of mercurochrome.....which is supposed to be an old timey disinfectant, but which I think is really iodine with some pain inducing chemicals to make sure you don't forget the latest lesson. Oddly, I have never ridden a bicycle through a burning wall since.

Assuming that my logic is even close, the sad thing is that it would take at least 2 generations to correct. Assuming I am crazy, I will now hide under my chair....let the flames begin.

**IntheGroove** · Nov 10, 2019, 07:40 AM

Originally Posted by mklotz

"Legal logic" is a contradiction in terms.

Like "Criminal Attorney"...

**IntheGroove** · Nov 10, 2019, 08:33 AM

Don't get arrested in Mexico because the Mexican judicial system is governed by Napoleonic Law which states that you are presumed guilty and must prove your innocence...

**Crusty** · Nov 10, 2019, 08:33 AM

That's why many people hate the US legal system once they understand how it operates. It often makes little sense from the perspective of common folks because it's a system designed by and for lawyers to get paid and justice isn't a required end product. In the story that I mentioned, the operating principle was the "deepest pocket" principle because lawyers' race horses have to be fed.

The fundamental problem is that some system has to be in place for regulation of the affairs of people in a civil society and no one has been able to devise something better that works, but once greed is imposed onto any system corruption ensues.

**ibdennyak** · Nov 10, 2019, 08:46 AM

Originally Posted by Crusty

That's why many people hate the US legal system once they understand how it operates. It often makes little sense from the perspective of common folks because it's a system designed by and for lawyers to get paid and justice isn't a required end product. In the story that I mentioned, the operating principle was the "deepest pocket" principle because lawyers' race horses have to be fed.

The fundamental problem is that some system has to be in place for regulation of the affairs of people in a civil society and no one has been able to devise something better that works, but once greed is imposed onto any system corruption ensues.

That is very true. I do believe that justice is for sale, no matter what we are taught. I also believe that greed has infested our entire political system. How ever, I also think that I will have to deal with it until a better system comes along.

**Frank S** · Nov 10, 2019, 09:06 AM

Originally Posted by ibdennyak

That is very true. I do believe that justice is for sale, no matter what we are taught. I also believe that greed has infested our entire political system. How ever, I also think that I will have to deal with it until a better system comes along.

One of the reasons why I am glad that I live where I do our county Sherriff try's to consider persons to be sovereign unto themselves whenever possible. Most land owners realize that what they do effects themselves if they misuse their land it will not be productive if they happen to infringe on another's sovereignty the same can happen to them.