Quote:
	
	
		
			
				
					Originally Posted by  jdramj
					 
				 
				That being said, I don't think a defense will have much luck here, because his actions in trying to get the SUV off the tracks will show that he had a minimal mental capacity to know at some point in all of this, that what he was doing was wrong. 
			
		 | 
	
	
 Dear All,
 
This thread has really choked me up...we've had similar accidents here in Oz - the most disasterous being the collapse of a concrete bridge onto a peak hour commuter train in Granville. Folks place 100's of roses on the tracks each year in memory.
 
I agree with JDRamJ in respect that the guy in your case knew to (try to) take the vehicle off the tracks*...which strongly suggests a degree of mental capacity, and will most likely be charged accordingly. A fat lot of good that'll do the families - but at least he won't be able to hurt anyone else.
 
Love and hugs,
 
The Stoat XXX.
 
*GD - with reference to Jeep using the incident to promote vehicle sales: What sort of RV can't navigate its way off a simple railway line? Did it have four flat tyres, a busted axle and a stripped gearbox??? Or did the dude panic and try to move it whilst in neutral...