Railroad Crossing Accident Lawyers

Unfortunately, both railroad workers and commuters alike can sustain injuries as a result of unsafe railroad crossings. If you or a loved one has been harmed in a railroad crossing accident, please don’t hesitate to contact the skilled personal injury lawyers here at Hildebrand McLeod & Nelson LLP today. We stand ready to fight for the compensation you deserve and need to heal.

What is an Unsafe Railroad Crossing?

Unsafe railroad crossings present significant risks to both workers and commuters. Some common factors that contribute to a dangerous crossing include:

• Lack of proper signage or signals: Missing or malfunctioning warning signals, such as flashing lights, crossing gates, or stop signs, can leave drivers and pedestrians unaware of an approaching train.
• Obstructed views: Overgrown vegetation, poorly positioned buildings, or other structures that block sightlines can prevent individuals from seeing an oncoming train in time to stop safely.
• Malfunctioning or inadequate gates: Inoperable or insufficient crossing gates may fail to stop vehicles or pedestrians from entering the tracks at the wrong time.
• Poorly maintained tracks or surfaces: Uneven, cracked, or broken pavement at the crossing can lead to accidents for both vehicles and pedestrians, as well as derailments in more severe cases.
• High-speed train zones: Crossings in areas where trains travel at high speeds pose increased risks, especially when protective measures such as warning systems or gates are not up to standard.
• Inadequate lighting: Crossings that are poorly lit at night or during bad weather make it difficult for individuals to recognize the presence of railroad tracks or assess the safety of crossing.
• Improperly marked pedestrian paths: When pedestrian crossings are not clearly marked or safely designed, individuals on foot may be at greater risk of being struck by a train.

Who May Sustain an Injury at an Unsafe Railroad Crossing?

Injuries at unsafe railroad crossings can affect a wide range of people, including:

• Railroad workers: Maintenance workers, engineers, and other railroad employees are often required to work near or cross tracks. An unsafe crossing puts these workers at an increased risk of injury from train collisions, malfunctioning equipment, or other hazards.
• Commuters and pedestrians: Individuals using a railroad crossing to travel to work, school, or other destinations are vulnerable to being struck by a train if safety measures are not adequate or the crossing is not well-maintained.
• Motorists: Drivers and their passengers are at risk if a vehicle becomes stuck on the tracks or is unable to stop in time due to faulty signals, poor visibility, or obstructed crossings.
• Cyclists: Bicyclists navigating unsafe crossings may encounter uneven pavement, malfunctioning gates, or a lack of clear markings, all of which can result in serious accidents.
• Children: Children who walk or bike near railroad crossings are particularly at risk due to their smaller size, potential lack of awareness, and the fact that they may not understand or recognize safety signals.
• Train passengers: In cases of derailment or sudden stops caused by dangerous conditions at a crossing, even passengers on the train can be injured.

FELA & Personal Injury Claims for a Railroad Crossing Accident

When a railroad crossing accident occurs, the path to compensation can depend on whether the injured party is a railroad worker or a commuter. Understanding the difference between a FELA claim and a personal injury claim is critical.

• FELA Claims for Railroad Workers: Under the Federal Employers’ Liability Act (FELA), railroad employees who are injured while working, including those hurt at or near a dangerous railroad crossing, have the right to seek compensation from their employer. Unlike workers’ compensation claims, FELA requires the worker to prove that the railroad’s negligence, even in part, caused the accident. This may include showing that the crossing was inadequately maintained or that safety protocols were not followed. FELA allows injured workers to recover for medical expenses, lost wages, pain and suffering, and other damages resulting from their injuries.
• Personal Injury Claims for Non-Workers: Commuters, pedestrians, motorists, or other non-employees who suffer injuries at a railroad crossing would generally file a personal injury claim under state law. In these cases, the injured party must demonstrate that the railroad, municipality, or other responsible entity was negligent in maintaining the crossing. This could involve proving that warning signs were missing, signals were malfunctioning, or the crossing itself was poorly designed. Personal injury claims can also cover a wide range of damages, including medical bills, lost income, and pain and suffering.

Whether pursuing a FELA or a personal injury claim, it’s essential to have an experienced attorney who understands the complexities of railroad law and personal injury litigation.

How Federal Preemption Can Affect a Crossing Claim

One issue that often surprises injured commuters is federal preemption. Under the Federal Railroad Safety Act, certain federal safety regulations can override, or preempt, some state-law claims at a railroad crossing. For example, a claim that a train was traveling too fast may be preempted when the train was within the speed limit set for that class of track, and an inadequate-warning-device claim may be preempted where federally funded signals or gates were installed at the crossing. Even so, 49 U.S.C. § 20106 preserves state-law claims alleging that a party failed to follow the federal standard of care or its own safety rules. Because preemption is highly fact-specific, an early case review is important.

Hildebrand McLeod & Nelson LLP is dedicated to helping both workers and commuters get the justice and compensation they deserve after a railroad crossing accident.

Contact Our Railroad Crossing Accident Lawyers

Don’t face a railroad crossing accident without a competent team of personal injury lawyers in your corner. Contact Hildebrand McLeod & Nelson LLP to schedule your free initial consultation with our legal team today.