Railroad crossing accidents generally arise as a result of signal malfunctions, poor maintenance, driver error, or railroad negligence. Because trains cannot stop quickly and crossings involve both vehicle and rail traffic, accidents at these locations can often be catastrophic. The Federal Railroad Administration reports thousands of accidents at crossings each year, resulting in hundreds of injuries and fatalities. Understanding how these accidents happen and who can face liability for the damages caused is critical. The following blog explores what you should know if you were injured at one of these locations, and the importance of working with experienced railroad crossing accident lawyers to help you understand your rights.
What Is a Railroad Crossing Accident?
A railroad crossing accident occurs when a train collides with a vehicle, cyclist, pedestrian, or any other object or obstruction at a designated railroad crossing. In many instances, crossings are equipped with lights, gates, signs, and bells, though some may have no systems in place, rendering them “uncontrolled” crossings.
According to the Federal Railroad Administration (FRA), more than 2,000 accidents occur at railroad crossings each year, resulting in hundreds of deaths and even more injuries. While railroad safety has drastically improved over the decades, accidents at crossings still pose a serious safety risk.
Freight trains can weigh thousands of tons and can often require a full mile to come to a complete stop, even with emergency braking. As such, early warning systems are critical.
What Are the Most Common Causes of Railroad Crossing Accidents?
Railroad crossings are regulated in accordance with both state and federal safety standards. As such, when a collision occurs, investigators must examine whether or not proper warning systems were utilized and functioning properly, if the crossing was adequately maintained, and if the crew was in compliance with operational rules.
It’s important to understand that accidents that occur at railroad crossings are rarely random or unpreventable, as they are often the result of malfunctions, negligence, or human error.
Mechanical or Signal Failures
- Gates that fail to lower
- Flashing lights or bells that do not activate when a train approaches
- Timing errors that result in gates that rise too early
- Electrical failures that prevent warning systems from activating
- Defective crossing arms
Poor Crossing Design or Maintenance
- Overgrown vegetation that obstructs warning signs
- Inadequate lighting
- Uneven pavement causing a vehicle to get stuck
- Poor signage placement
- High-traffic urban crossings where roadway congestion increases the risk of getting stuck on the track
- Inadequate sight distance and visibility
Driver or Pedestrian Negligence
- Attempting to “beat the train”
- Driving around gates
- Distracted driving
- Ignoring stop signs at passive or uncontrolled crossings
- Trespassing
Railroad Company Negligence
- Unsafe and excessive train speed in densely populated areas
- Failure to maintain equipment
- Inadequate employee training
- Failure to sound the horn as required
- Failure to report safety hazards immediately
Who Can Sustain Injuries at a Railroad Crossing?
Unfortunately, due to their nature, a number of individuals can sustain injuries at a railroad crossing. This is not limited to drivers or train workers. Parties often susceptible to injuries at these locations include:
- Motorists and vehicle passengers
- Pedestrians
- Cyclists
- Train passengers
- Railroad workers
Who May Face Liability for a Railroad Crossing Accident?
Like any accident, liability will depend on the specific facts of the case. Because there are often a number of individuals involved, it is possible that liability for a train accident can fall on multiple parties.
Railroad Companies
Railroad companies have a legal obligation to ensure that crossings are safe and functional. As such, they can face liability if:
- They failed to inspect or repair the crossing
- They failed to follow federal safety standards
- The train was operated in a negligent manner
- They failed to adequately train employees
It’s also important to understand that if you are a railroad worker and you have suffered injuries, you are generally able to pursue compensation under the Federal Employers’ Liability Act (FELA). This allows you to sue the railroad in their capacity as your employer if their negligence contributed to your injuries and subsequent damages.
Government Entities
A government entity, whether it be a town, county, state, or the federal government, can face liability for:
- Poor roadway design
- Failure to maintain adequate signage near the crossing
- Inadequate lighting
- Unsafe intersection layouts
If you are pursuing a claim against a public entity, depending on the state, you may be required to file a Notice of Claim within a short period of time. For example, in California, claims against public entities require a formal notice to be served within six months of the date of the accident, in accordance with the California Government Claims Act.
Third Parties
In some instances, other parties can face liability for collisions at railroad crossings. This includes:
- Equipment manufacturers
- Maintenance contractors
- Construction companies
- Negligent motorists
Contact an Experienced Railroad Injury Attorney Today
If you have suffered an injury at a railroad crossing on the West Coast, it’s important to understand that the sooner you pursue legal action, the better it is for 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. Contact us today to learn more.
