Overview

Safety: Pedestrian Crossings

Accidents: Passenger Accidents and Derailments

Extra-Hazardous Crossings

Safety: Vehicle Crossings

Accidents: Vehicle/Pedestrian Crossings

Railroads have a duty to persons at crossings. While trains generally have right of way, railroads must exercise care when their lines cross roads. Railroads meet this requirement by erecting crossing barriers, posting signs or guards, and maintaining any protective or warning devices. Train engineers are also required to slow down to avoid accidents and to sound their horn to warn any vehicles or pedestrians in their path.

Persons killed or injured by a train at a crossing may claim that the railroad was negligent in exercising this care. In technical terms, they must show that the railroad owed them a duty. This exists when the railroad owns the property where the tracks are located. As the property owner, the railroad is responsible to ensure visibility and alleviate any conditions that make the crossing dangerous. The state or federal agency controlling the road at the crossing may also have a duty. The advice and participation of an experienced attorney can be invaluable in determining whether a duty and therefore negligence can be shown.