Metro sues killer truckie for $15m compensation to replace train

 

News article: Metro sues killer truckie for $15m compensation to replace train

A KILLER truckie is being chased for $15 million to replace a train he wrote off during a horror crash that killed one person.

  JoppaJunction Chief Train Controller

Location: Banned
A KILLER truckie is being chased for $15 million to replace a train he wrote off during a horror crash that killed one person.

Melville Bollen, 71, is serving a five-year prison term over the November 2012 crash he caused when he ploughed through a Cranbourne line level crossing into an oncoming train.

He had taken his eyes off the road for a staggering 19 seconds, and was unaware the boom gates at the Dandenong level crossing were down.
Metro sues killer truckie for $15m compensation to replace train

Are Railways finally taking a stance on the damage and destruction truck drivers are causing to rollingstock.  About time.

Hopefully this sends a message to not only the trucking industry but also drivers in general.

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  Pressman Spirit of the Vine

Location: Wherever the Tin Chook or Qantas takes me
And so they should!
After all drivers insurance companies chase costs from other drivers after road accidents
  Gman_86 Chief Commissioner

Location: Melton, where the sparks dare not roam!
Are Railways finally taking a stance on the damage and destruction truck drivers are causing to rollingstock.  About time.

Hopefully this sends a message to not only the trucking industry but also drivers in general.
JoppaJunction
Ease up a bit mate, not all truckies are irresponsible halfwits like this clown was.
  DirtyBallast Chief Commissioner

Location: I was here first. You're only visiting.
From the article:

"....some of the train’s carriages were 30 years old and suffered only minor damage.

“Do you really get a brand new shiny train when the one that was damaged was on the way out?”

Agree with this. Similarly for example, if I owned a very-used VK Commodore (even if it had new seat covers!) and it got hit by a passing truck, I should be duly compensated by being provided with a new VF. Yeah, right. Rolling Eyes
  JoppaJunction Chief Train Controller

Location: Banned
Ease up a bit mate, not all truckies are irresponsible halfwits like this clown was.
Gman_86

A truck driver should be a professional driver and NOT drive dangerously in any way or at any time.  Sadly a lot of them do it.
  DirtyBallast Chief Commissioner

Location: I was here first. You're only visiting.
A truck driver should be a professional driver and NOT drive dangerously in any way or at any time.  Sadly a lot of them do it.
JoppaJunction
Correct, BUT-

I wonder if the freight company that he worked for will come under the spotlight for allowing (or requiring) him to work long hours with ridiculously early starts, 9 days straight, at his age.
  JoppaJunction Chief Train Controller

Location: Banned
Correct, BUT-

I wonder if the freight company that he worked for will come under the spotlight for allowing (or requiring) him to work long hours with ridiculously early starts, 9 days straight, at his age.
DirtyBallast

I think they should be heavily fined and the Directors of that company jailed.
  KRviator Moderator

Location: Up the front
From the article:

"....some of the train’s carriages were 30 years old and suffered only minor damage.

“Do you really get a brand new shiny train when the one that was damaged was on the way out?”

Agree with this. Similarly for example, if I owned a very-used VK Commodore (even if it had new seat covers!) and it got hit by a passing truck, I should be duly compensated by being provided with a new VF. Yeah, right. /images/smiles/icon_rolleyes.gif
"Dirty Ballast"
The idea of compensation is to put you back in the same position you were in before the accident, not necessarily give you a lottery win.

In this case, if Metro can't get that set back in service, then why shouldn't they be entitled to a replacement 3-car train?
  TheBlacksmith Chief Commissioner

Location: Ankh Morpork
Correct, BUT-

I wonder if the freight company that he worked for will come under the spotlight for allowing (or requiring) him to work long hours with ridiculously early starts, 9 days straight, at his age.
DirtyBallast
AFAIK he was self-employed.
  freightgate Minister for Railways

Location: Albury, New South Wales
Does working 9 days straight entitle you to be driving and using your mobile phone at the same time ?
  DirtyBallast Chief Commissioner

Location: I was here first. You're only visiting.
Does working 9 days straight entitle you to be driving and using your mobile phone at the same time ?
freightgate
No, of course not. You are clouding the issue though. Say he had been driving for only 2 days straight; would that excuse him any more or less if he was on the phone at the time? Again, of course not.

Logic would suggest however that the less days he spent behind the wheel, the less time he would be on the phone behind the wheel.
  Dean C Class Locomotive Fireman

The bit l don't get with this is, the Government (tax payer) buys the rollingstock but Metro sues for compensation. Shouldn't the government be taking legal action.  The truck driver in this case was in the wrong and should pay some form of compensation but should that also apply to the female train driver who didn't properly control her train in Tasmania and damaged locos, wagons, freight, track and other infrastructure.  That to was a fatigue related incident.
  ozfreight Chief Train Controller

Location: hawthorn 3122
how do you get 15 millions from a truck driver earning  at best $75 grand a year?

Edward
  Pressman Spirit of the Vine

Location: Wherever the Tin Chook or Qantas takes me
how do you get 15 millions from a truck driver earning  at best $75 grand a year?

Edward
"ozfreight"

His insurance
  ozfreight Chief Train Controller

Location: hawthorn 3122
His insurance will not pay as negligence is involved
  x31 Chief Commissioner

Location: gallifrey
Has an actual claim been lodged by metro Trains?
  ZH836301 Chief Commissioner

Location: BleakCity
No wonder he had the book thrown at him, he undoubtedly broke driver hours regulations.

In this case, if Metro can't get that set back in service, then why shouldn't they be entitled to a replacement 3-car train?
KVriator

Because that's not how things work.
  awsgc24 Minister for Railways

Location: Sydney
I think they should be heavily fined and the Directors of that company jailed.
JoppaJunction
That is the new system of "Chain of Responsibilty".

COR means that even the customer, say Coles or Woolworths, shares the responsibility for ensuring that truck drivers obey, say, reasonable and safe hours.
  RTT_Rules Dr Beeching

Location: Dubai UAE
Ease up a bit mate, not all truckies are irresponsible halfwits like this clown was.
Gman_86
Not all but too many.
  RTT_Rules Dr Beeching

Location: Dubai UAE
That is the new system of "Chain of Responsibilty".

COR means that even the customer, say Coles or Woolworths, shares the responsibility for ensuring that truck drivers obey, say, reasonable and safe hours.
awsgc24
This was to stop bigger business off-loading their problems to cheaper contractor type operations and washing their hands of any bad outcomes.

End of the day, the guy broke something, wouldn't matter if it was another truck, car, train or house. The insurance company of the 3rd party will sue to convicted to get their money back. Usually its involves just suing their insurance company. This is insurance premiums are now so high, although if I recall assuming a car did this sort of damage the typical car insurance wouldn't be enough.
  Alco_Haulic Chief Commissioner

Location: Eating out...
That is the new system of "Chain of Responsibilty".

COR means that even the customer, say Coles or Woolworths, shares the responsibility for ensuring that truck drivers obey, say, reasonable and safe hours.
awsgc24
COR is a joke. It is rarely enforced, and no one in industry seems to even understand the ramifications. I've had many a fight with "Richard Cranium" forklift drivers who won't load the way I need it so I can restrain the load properly. I have even flat out refused loads, and fortunately have an employer who will back us up 100% when it comes to load restraint.

As for the issue at hand, I don't see why this is making news. Damage was done, now the operator is suing for the damages.
  Madjikthise Assistant Commissioner

If they are suing for damages, that would imply the truck driver's insurance company (assuming he has one) has refused to pay.
  Lad_Porter Chief Commissioner

Location: Yarra Glen
They could be suing the truck driver's insurance company, or his employer's insurance company, but as the driver was evidently at fault, it is more than likely that the insurance company would refuse to pay.  In which case Metro is wasting everyone's time, because the man is in gaol for five years and undoubtedly does not have that kind of money.  Good luck with that one.
  KRviator Moderator

Location: Up the front
It appears Metro is going after him directly.

At 0930 19th June there was a directions hearing under Justice Dixon. Metro Trains Melbourne & others vs John Melville Bollen, although ISTR a mate had an at-fault accident and the other parties insurance named them directly, rather than their insurer, even though his insurer took care of everything and paid up, so the directions hearing listing may be a bit of a red herring.
  don_dunstan Minister for Railways

Location: Adelaide proud
I don't think there is any footage of the actual accident... I heard this was a factor at the truck driver's trial.

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