Railroad Crossing Accident Questions

Common questions and information related to railroad grade crossing accidents.

Q: How Do I Determine Whether My Accident Was Caused By The Railroad?

A: In many cases, railroad industry safety experts, in conjunction with lawyers, can determine whether a railroad’s conduct contributed to any particular accident. Experts and lawyers have the unique ability to quickly and timely review the facts of your case, investigate the scene of the accident, review the train crew’s conduct and performance, and determine in a timely manner whether the railroad’s negligence played any part in your accident. For this reason, if you or a loved one have been involved in a catastrophic injury or death as the result of a railroad crossing accident, it is critical that you contact a lawyer immediately to discuss your case and options.

Q: The Railroad Has Already Offered Me A Quick Settlement For My Injuries – Should I Take It?

A: Do not accept any settlement or sign any paperwork without first speaking with an experienced railroad accident attorney. The railroads may offer such quick settlements when a victim or victim’s family is in a time of grief and need. After the railroad has given you this settlement, they will often ask that you sign a release stating that you will not and cannot sue them for anything. Before you even enter into discussions with anyone from the railroad or any insurance company, you should immediately consult with a lawyer.

Q: What Should The Railroad Have Done As Its Locomotive Approached The Crossing?

A: There are often both federal and state laws that govern the railroad’s duties as its trains approach any crossing. Similarly, there are both federal and state laws that govern the railroad’s duties to install crossing signs/signals and their duties to maintain the crossing and any signs/signals.

When approaching any crossing, a train crew must have the train’s lights on and must be sounding the train’s horn. State law normally mandates the loudness that the horn must meet and also often mandates the number of times the horn must be sounded. Any crossing used by the public must be maintained, free of obstructive vegetation, in a reasonably prudent manner.

Q: What If I Have Other Questions?

A: No problem. Railroad crossing accident cases are complex types of litigation involving unique federal and state law. The best way to determine if you have a potential case involved railroad negligence is to have an attorney evaluate your claim.

Causes of Railway Crossing Accidents
According to the Federal Railroad Administration, nearly 1,500 people were involved in a rail crossing incident last year. If you were one of the estimated four people each day involved in a railway crossing incident in 2009, you are not alone.
According to Operation Lifesaver, a non-profit railway crossing education and awareness program:

• More than 300 million vehicles cross railroad tracks each day;
• 50 percent of accidents occur at crossings with working warning devices;
• Motorists are 40 times more likely to die in a train collision than automobile accident;
• A vehicle or pedestrian is hit by a train an average of every two hours.

The National Transportation Safety Board has recognized several causes of railroad crossing accidents, including:

• Absence of warning equipment, such as alarms, lights, crossing bells or a crossing gate;
• Defective warning equipment;
• Poor sight lines that do not allow drivers to see oncoming trains in time;
• Trains parked near crossings, blocking the view from oncoming trains and give drivers a false sense of security;
• Engineer negligence, such as failure to sound the horn or operating while tired.

Railroad Industry Responsibilities
Train operators are required to maintain set speeds and to blow the train whistle when approaching a public grade crossing. Additionally, it is the railroad company’s responsibility to make sure that all warning equipment meets standards and works. Sometimes lights may flash when no train is present, or fail to engage when a train is near. The motorist should not have to guess when a train is near.

There are many railroad grade crossings in the United States that are protected by flashing lights with no accompanying gates. Motorists rightfully rely upon the flashing lights at these crossings to make a stop or go decision. The visibility of the flashing lights is therefore crucial to motorist safety at railroad grade crossings that have flashing lights.

The flashing lights at railroad crossings must provide 20 seconds of warning time to oncoming motorists. (49 C.F.R. 234.225). Two failure modes that may contribute to a collision at a grade crossing involve the visibility of those lights. The lights may be too dim for oncoming motorists and/or the lights may be misaligned. If the lights are too dim or misaligned then they may not be visible until it is too late for the motorist to avoid collision with an oncoming train.

The Lights Were Too Dim:
The Federal Railroad Administration (FRA) requires that signal lamps be maintained at no less than 85% of the prescribed rating of the signal lamp. (49 CFR 234.221). Some railroads reduce the voltage at signal lamps to lengthen the life of the signal lamps. Commercial power that feeds a signal system can fluctuate – for example it may not remain a constant 120 volts. Many older signal systems are designed such that the voltage to the signal lamps is directly affected by a reduction in commercial power. For example, if 120 volts of commercial power feeding the signal system is reduced by 16%, there will also be a 16% reduction at the signal lamps. If a 10 volt signal lamp is maintained at 9.5 volts to lengthen the life of the signal lamp, a 16% reduction in commercial power will reduce the lamp voltage to 7.98 volts (9.5 volts x 84%), which is below the FRA mandated 85% (8.5 volts).

After a grade crossing collision, signal maintainers will often measure and record lamp voltage. Signal maintainers may also measure commercial voltage entering the signal system after a collision. The commercial power reading may demonstrate such a reduction to take the lamp voltage below the FRA mandate of 85% of the signal lamp rating.

The Lights Were Misaligned:

In order to provide sufficient warning, at least some signal lights at a railroad grade crossing should be aimed such that oncoming motorists can see them clearly at the advance warning sign for the railroad grade crossing. Railroads must inspect their signals for proper alignment of warning lights on an annual basis. (49 C.F.R. 234.253). Arguably, railroads should inspect their signals for proper alignment on a monthly basis, as the FRA requires monthly inspection for proper visibility. (49 C.F.R. 234.217). If the signals are misaligned, they may not be visible to provide the mandated 20 seconds of warning time to oncoming motorists to avoid collision with an oncoming train. (49 C.F.R. 234.225).

Many states allow a presumption that an adequate warning, if given, would have been heeded. Therefore, even in grade crossing fatality cases where the motorist is not available to testify that the lights were not visible until it was too late, the visibility of the grade crossing warning signals should be examined. If the lights were too dim due to reduced voltage or the lights were misaligned the decedent would be entitled to a heeding presumption whereby it can be argued that the decedent would have avoided the collision with the train had the decedent been adequately warned by the signal lights.