Railroad Crossing Accidents

The Crossing Arms Did Not Lower at a Railroad Crossing and I Was Hit. Is the Railroad Company Responsible?

Train accidents are less common than other types of vehicular accidents, but they still occur. When trains collide with people or passenger vehicles, the results can be deadly. In many cases, these accidents occur at railway crossings. There are various types of railroad crossings that you may encounter. Some of these crossings have safety arms that lower when a train is a set distance away. Other crossings are not as clearly marked. They may have lights but no crossing arms. Alternatively, some spots may have nothing but a sign indicating that it is a railroad crossing.

Sometimes, the systems that are supposed to warn individuals that a train is approaching don’t work. The lights may not flash, or the crossing arms may not lower. Given the speeds at which trains travel, collisions can easily occur under these circumstances. If you were involved in such an accident, you may be wondering if the railroad company can be held liable. We’ll examine some of the factors which will come into play in this article. However, it’s important that you work with an experienced attorney if you want the best chance of getting compensation.

Statistics on Railroad Accidents

Figures from the National Safety Council show that railroad injuries and deaths deserve attention even though rail transportation isn’t as prevalent as it once was. In 2018, there were 841 railroad deaths. This represented an increase of two percent over the 821 recorded in 2017 and was the highest number since 2007. Over the 2017 to 2018 period, deaths at highway-rail crossings dropped by almost three percent but fatalities caused by other types of incidents rose by five percent. The vast majority of these incidents involved trespassers.

Meanwhile, there were about ten times as many non-fatal railroad-related injuries and illnesses. In 2018, there were 8,136 injuries, down from 8, 856 in 2017. Ten percent of these occurred at rail crossings with two percent attributed to highway-rail crossing accidents.

Determining Liability in A Train Accident

When you are on a railroad crossing, you may be deemed to be on the property of the railway company. This makes you a guest on their property and as their guest, you are owed a certain level of care while on the premises. However, you need to keep in mind that premises liability laws vary among states. Your rights may vary depending on which jurisdiction the accident occurs in.

In addition, local government bodies or state entities may have responsibility for installing and maintaining certain road markings, signs and signals. In many states, highway-rail crossings are the responsibility of the state agency that oversees transportation. Your attorney will investigate your case to ensure you pursue the correct party. It is important to remember that if you cross at a spot on the track that is not designated for crossing, it can be considered trespassing, regardless of who is in charge of the area.

Maintaining Safe Railroad Crossings

In order to keep workers, passengers, pedestrians, and motorists safe, there are certain things that must be done in the area of the railroad. For example, there should be a smooth gradient where the road and railway track meet. If the gradient is too steep, it may be unsafe for vehicles to cross.

There also need to be adequate signals and markings around the railroad crossing. These should allow motorists to know when a train is approaching the crossing. Signals can include flashing lights, crossing arms, and the use of audible warning systems. People need to be able to see the crossing clearly. This means there should not be any trees or structures that obscure the view of the motorist. The motorist should have a clear view of the track.

Negligence by the Railroad Company

Just because the railroad company is supposed to uphold a certain level of care, doesn’t mean that it will. If the company is responsible for the crossing and fails to provide a safe crossing environment, you may be entitled to compensation if you or someone in your vehicle is injured. However, it can be hard to file a suit against a railroad company. The automatic assumption, when there is an injury involving a train, is that the motorist tried to beat the train across the tracks. This isn’t always the case, but you will need a lawyer to help you prove that you didn’t cause the accident.

Staying Safe Around Railroad Crossings

No matter how a crossing is marked, you must always make sure you are following proper safety procedures so that you do not get injured. In some states, you will be barred from getting compensation if you’re even slightly at fault. The National Highway Traffic Safety Administration has an ongoing safety campaign aimed at promoting safety at railway crossings. Some of the recommendations are to:

• Stop and look both ways at a railway crossing. Make sure you listen for the train’s whistle to indicate that it is coming down the tracks. Remember that trains have the right-of-way.

• Make sure that when you are crossing a railroad track, you have plenty of time to get across. You should never try to race a train across the tracks. This is how accidents happen.

• Make sure that you are stopping your vehicle at least 15 feet from the crossing. Generally, there will be a white line indicating where you should stop. Keeping your distance from a passing train keeps you and your passengers safe.

• Never attempt to drive around the lowered crossing arms. Always use caution when you see the signals indicating a train is coming. You may think that you have time to cross, but the train may be in the crossing quicker than you anticipate.

• Always wait for the crossing arms to go all the way back up. The lights should also no longer be flashing when you attempt to cross a railroad track.

• Never assume that there is only one train on a track. A lot of tracks facilitate trains going both ways. Just because one train went through doesn’t mean that there isn’t one coming in the opposite direction.

• If for some reason your car were to stall while you were crossing a railroad track, abandon the vehicle and get to a safe spot to call 911. Do not attempt to move the vehicle yourself, because a train could appear at any moment.

Get Assistance with Your Injury Claim

Taking on a train company is not something you should ever do on your own. Train companies can often be intimidating, especially if you try to represent yourself. The company is likely to pressure you to settle early on and this is highly unlikely to be in your best interests. Since accidents involving trains can be serious, you’ll want to get full and fair compensation. Finding a lawyer who has experience in personal injury claims against railroad companies can provide you with the compensation you deserve.