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| TRAIN ACCIDENTS l Frequently Asked Questions |
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"Contact an train accident lawyer to schedule your initial free consultation."
Remember that the laws in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas are different. You should consult with a locomotive / railroad injury lawyer who is familiar with the laws of the State in which you were injured and has experience taking on large insurance companies in the pursuit of compensation for victims of personal injury accidents. |
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Extra-Hazardous Crossings
By law, trains have a superior right-of-way to cars. Generally, cars must therefore yield to approaching trains, and this rule helps to determine responsibility for any accident at a crossing. However, the railroad has a greater duty at dangerous crossings, which are deemed extra-hazardous.
There is no one standard for extra-hazardous crossings. However, most states look for conditions that constitute a “dangerous trap”. This definition is even used by some states which do not have the extra-hazardous crossing doctrine in their law.
The following factors can be important in deciding whether a crossing is extra-hazardous:
- Inadequate lighting
- Background noise
- Track curvature
- Bad weather at the time of the accident
- Location and frequency of use
- Physical obstructions of view
- Any other dangerous conditions known by the railroad
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As these factors indicate, the railroad doesn’t need to have created the hazard to be responsible. Also, hazard may depend on circumstances so that a crossing is extra-hazardous at some times and not at other times. A successful claim against a railroad for a hazard requires proof that the railroad knew or should have known that conditions at the crossing created an accident risk. If a crossing has been extra-hazardous for a long enough time, the railroad can be found negligent.
Railroads must take precautions to protect people at extra-hazardous crossings. Each crossing may require a different set of measures, but typical measures include the following:
- Crossing arms
- Extra lighting
- Removal of visual obstructions
- Warning alarms
- Ordering trains to slow at the crossing
While railroad safety precautions must ordinarily meet state and federal regulatory levels, the railroads must sometimes exceed those standards at extra-hazardous crossings. If you are injured at a rail crossing, contact a personal injury attorney with experience in railroad cases. The attorney should be able to examine the circumstances of the accident and advise you as to whether the crossing meets the requirements of the extra-hazardous crossing doctrine. |
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If you would like to schedule a free initial consultation regarding a train accident related injury, please contact the Shanks Law Firm at (712) 322-2600 or complete our inquiry form.
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© MMVIII Shanks Law Firm. All Rights Reserved Address: 409 West Broadway, Council Bluffs, Iowa 51503 Toll Free: (888) 322-2608
Tel: (712) 322-2600 Fax: (712) 243-2132 Email: info@councilbluffsfelaattorney.com |
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Council Bluffs, Iowa based attorney practicing in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas which include the cities of Council Bluffs, Glenwood, Red Oak, Sioux City, Atlantic, Sidney, Logan, Onawa, Clarinda, and Harlan and the communities that make up Pottawattamie, Mills, Montgomery, Cass, Fremont, Woodbury, Harrison, Monona, Page, Shelby counties in Iowa and Omaha, Blair, Fremont, North Platte, South Sioux City and the communities that make up Douglas Washington, Lincoln and Dakota counties in Nebraska. |
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