1. How do railroad crossing accidents occur?
Sometimes accidents involving trains occur due to the negligence of the driver of the motor vehicle or pedestrian. Other times the train engineer, the railroad, or another party may be liable. Railroad crossings are sometimes substandard or in disrepair. Crossings are not always secured by crossbars and another stopped train may obscure the vision of approaching vehicles. If you or a loved one have suffered an injury or wrongful death due to an accident at a railroad crossing, contact Gary C. Johnson, P.S.C. immediately for professional experience and legal assistance.

2. What are the duties and responsibilities of a motorist when approaching a public grade crossing?
The general requirement is that a motorist approaching a grade crossing, upon detecting an oncoming train, must stop no less than 15 feet from the nearest rail and wait until the train has cleared the crossing. Cars must yield to oncoming trains at railroad/roadway crossings because trains have a superior right-of-way under the law. This rule usually serves as a baseline when determining responsibility for any accident or injury that occurs at a crossing. However, when a crossing is deemed extra-hazardous, the railroad owes a greater duty of care to protect crossing cars and pedestrians from the danger.

3. What are the duties and responsibilities of a train crew when approaching a public grade crossing?
Railroads have a duty to provide due and timely warning to the general public when their trains approach a crossing. By federal law, all trains must be equipped with (and have on) headlights and horns that produce a warning sound which meets a minimum loudness standard. State laws often specify that a horn must be sounded when approaching a crossing.

4. What responsibility does the railroad have regarding grade crossing protection?
The final decision on the level of grade crossing protection is made subject to federal approval. Therefore, railroads are not usually held liable on the issue of the adequacy of such protection. However, railroads typically install and maintain the protective devices selected. So, they can be found liable when a grade crossing accident is found to have been caused in part or completely from improper installation and/or maintenance of those devices.

5. Why are so many grade crossings inadequately equipped with flashing lights and/or gates?
The cost of a fully installed and operating set of flashing lights and crossing gates can run over $150,000 and that does not include the annual maintenance costs. By comparison, a crossbuck can be installed for around $1,000 with very little maintenance.

6. How often does a railroad crossing accident occur?
According to the Federal Highway Administration, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States. These 12 daily incidents have the potential of producing catastrophic injuries and deaths. In addition, 96% of train accidents and injuries occur at rail crossings.

7. Should I hire an attorney if I've been injured in a railroad crossing accident?
Yes, immediately. If you were struck by a train at a railroad crossing where there were no signals or gates and you weren't able to see or hear the train coming in time to get out of the way, then you may be able to file a lawsuit. Alternatively, if there were crossing signals or gates that did not work, then you also may have a case. Contact Gary C. Johnson, P.S.C. today to determine your rights.