The Federal Railroad Administration estimates there is a train accident or a train which comes off the tracks unexpectedly every hour and a half. In just the last decade, over 3,000 railroad crossing collisions have taken place, equaling nearly 1,000 railroad crossing deaths per year. Some of these accidents and fatalities are a result of the railroad company’s failure to provide maintenance on the area around the tracks, resulting in overgrown trees or bushes, or even buildings, which can block the driver’s observation of an oncoming train until it’s too late. Other times, the devices which are meant to alert drivers that a train is coming may be broken or simply not installed where they are needed. Crossing arms, crossing bells and crossing lights are all devices which are intended to warn drivers of a train’s impending crossing.
Negligence by Railroad Employees
Trains are required to slow down when traveling through populated areas, however many times railroad workers travel at excessive speeds, disregarding the rules. When a train is traveling at an excessive speed, they may be approaching a railroad crossing much too quickly to allow drivers to react and avoid a crash. Workers who fail to sound the train’s whistle when nearing such populated areas are also showing negligence in their failure to alert drivers to an approaching train.
Company Negligence
In some cases it is not the railroad employee who is at fault in a railroad crossing accident, but rather the employer. Many railroad companies are guilty of overworking their employees, causing them to be too exhausted to make good judgment calls. Railroad companies may also fail to provide their employees with the necessary training and/or equipment, resulting in a dangerous situation which can result in a deadly railroad crossing accident.
What is a Grade Crossing?
A grade crossing is any place where the railroad and a road cross at the same level, or where two railroad liens cross at the same level. A motorist may theoretically be in complete compliance with the law and become involved in a train collision at a grade crossing. Sight-distance issues, the kind of crossing protection which is provided, as well as train speed, vehicle speed and driver overload can all contribute to grade crossing accidents.
Consequences of a Railroad Crossing Accident
The sheer weight and speed of a train dictates that the outcome of a train hitting an automobile at a railroad crossing is rarely a positive one. In fact, the force of a 30-car freight train striking your vehicle is equal to the force of your car crushing an aluminum soda can. In short—it’s no contest. The laws of physics will tell you that a 15,000 ton coal train, traveling at 60 mph has the equivalent kinetic energy of a small atomic bomb. To stop such a force can take a very long time—depending on the speed of the train, it can take over a mile and a half to come to a complete, emergency stop. In other words, vehicle drivers should never count on the train being able to stop in order to avoid an accident since the engineer will rarely be able to avoid hitting an automobile in its path. When vehicles are hit by a fast-moving, heavily-loaded train, fatalities almost always result.
Railroad Responsibility
Laws will vary from state to state regarding marking requirements at railroad crossings. While some states only require that the crossing be marked with cross bucks, others add flashing lights, audible warning systems and crossing arms and pavement markings as well. If the railroad failed to follow mandated state laws regarding the railroad crossing they could be held liable for any accident which occurs at the crossing.
If you or someone you care about has been involved in an accident which is due to railroad negligence or driver inattention, recklessness or negligence, then you should contact a personal injury attorney who has experience in litigating railroad crossing accidents.
At The Nahon Firm PLC, our goal is for you to receive the compensation you deserve for medical bills, lost wages, pain and suffering, permanent disability, and loss of enjoyment of life due to car accidents, truck accidents, motorcycle accidents and all other types of personal injury claims. With offices in Nashville, The Nahon Firm PLC has the experience and resources necessary to investigate and resolve your case. Our Nashville personal injury attorneys are adept negotiators who have the necessary trial experience to obtain the best possible results for your personal injury claim. Call us today to discuss your case by calling (615) 324-2000.
