According to the Federal Railroad Administration (FRA), in 2024, there were a reported 2,261 highway-rail grade crossing collisions across the United States. These collisions, sadly, resulted in 262 fatalities and 763 injuries. The involved parties ranged from train operators and workers, vehicle operators and passengers, and pedestrians. This is to say that auto accidents between trains and vehicles or pedestrians are unfortunately more common than you initially realized. And so, please continue reading to learn more about how an accident at a railroad crossing can happen and how one of the experienced railroad crossing accident lawyers at Hildebrand McLeod & Nelson LLP can help you recover after your devastating involvement in one.
What are the most common accidents that can happen at a railroad crossing?
There may be a myriad of reasons behind what prompts an accident at a railroad crossing, but below are some of the most common examples:
- A malfunctioning warning light, crossing arm, or bell may cause a vehicle driver to enter the tracks when a train approaches.
- Inadequate lighting may prevent a pedestrian from identifying a railroad crossing, causing them to stand there or cross as a train approaches.
- Overgrown vegetation may block warning signage and cause a vehicle to stop on a railroad crossing as a train approaches.
- A train operator may exceed the enforced speed limits and become unable to come to a full stop before an obstruction at a railroad crossing.
- The road or tracks at a railroad crossing may be poorly maintained, causing a vehicle or train to get stuck on the tracks.
Who can be held liable for my involvement in a railroad crossing accident?
The party that can potentially be held liable for your incurred injuries and damages may depend on the circumstances surrounding your railroad crossing accident. Using an example mentioned above, malfunctioning equipment may be the fault of equipment manufacturers or maintenance contractors. This could manifest into a product liability claim.
Or, in the instance of inadequate lighting, overgrown vegetation, or overall a poorly maintained area, this responsibility may fall on the city, county, or state entity that owns this public road. This may mean you have to file a personal injury claim against a government entity, which likely involves submitting a notice of claim to them first.
Lastly, your accident may be a case of human error. That is, you may have become an injured train passenger if a vehicle driver was distracted on their phone while entering the track and ultimately caused a collision. This may prompt an auto accident claim against the negligent driver.
However, as a train operator, you may have some of the blame being pinned against you. Well, you can argue that your railroad company employer failed to supply you with the proper training, maintenance equipment, etc. In this case, you may exercise your right to pursue a Federal Employers’ Liability Act (FELA) claim against them.
While we understand that you may not want to deal with any of this right now, it must be addressed for the sake of your physical, emotional, and financial well-being. So please allow one of the skilled railroad crossing accident lawyers at Hildebrand McLeod & Nelson LLP to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.
