Railroads are not always responsible for injuries at dangerous crossings. For the railroad to be held liable, the crossing must be extremely hazardous, and the railroad’s maintenance must have been negligent. In collisions involving railroad crossings, liability is contingent upon several factors, with the most common including those listed below.
Warning Device Adequacy
In most cases, the railroad does not have a duty to provide safety devices if there is no law requiring them. However, foreseeable accidents may bring about the need for these devices. For example, a crossing with an obstructed view may signify the railroad’s negligence in failing to provide safety devices. If a crossing does not have legally required safety devices, the railroad may be guilty of per se negligence.
Degree of Risk
The railroad’s liability may depend on the danger posed by the crossing, as affected by obstructions and weather. For instance, buildings, shrubs and weeds that block the view of an oncoming train may indicate that a railroad has not fulfilled its duty of care. Some areas have laws requiring railroads to clear the right of way for a certain distance on both sides of a railroad crossing.
Care Taken by Train Operators
Train operators and their crew must take reasonable steps to prevent injury to motorists and pedestrians using the railroad crossing. A train approaching a crossing is typically required to give a warning, usually in the form of a whistle or bell. Other factors related to the train and the crew, such as lookout, signals, lights and speed, can also prove negligence on the railroad’s part. If a person is injured because of a train operator’s negligence, they should consult personal injury attorneys in Saint Paul to get specific legal advice.
Should a Person Call an Attorney if They are Hurt in a Railroad Crossing Accident?
If a person or their family member is hurt in an accident involving a railroad crossing, Personal Injury Attorneys Saint Paul can help them recover for their injuries. The railroad may have a potential liability defense, but an attorney with Rutzick Law Offices can help the client protect their rights and put together a successful case.
