Re: Save the women and children first!
Firstly, having a choice does not equate to being in a position to make a choice, especially when that choice has to be made immediately and without time for analysis.
The parameters of the problem state that you are in a position to act, and most forms state that you do have time to make a choice, but not to analyze that choice. It's a snap decision, yes, but it is a decision.
Secondly, you seem to assume that everyone can make decisions easily and instantly when in reality many people find it difficult to make any decisions, let alone stressful ones; you can't simply claim that an inability to decide is a decision in itself.
This is the entire point of the Trolley Problem. It's an edge case exemplifying the line between thinking things through and snap decision making.
Perhaps you personally find it easy to make decisions - that's fair enough for you, but if you start projecting your decisiveness, or indeed any of your personal qualities, upon everyone else you're going to end up criticising everyone else for not being you.
I believe you misunderstand my point. My point is that if you are in the situation described by the Trolley Problem, then, whether you throw the switch or not, you are the only one with the capability to do so. Hence you have a burden of responsibility to do one or the other, and will personally have to live with the consequences of whatever you do.
I am not ascribing judgement on either choice, nor am I suggesting legal culpability would be a good thing in this case (as others have mentioned, the Good Samaritan laws exist specifically to prevent heaping legal trouble on top of the moral conundrum this type of problem poses.)