Railroad Crossing Accidents

There are over 1,600 accidents at train crossings every year— most at 'unprotected' crossings.

In the first 8 months of 2007, the Federal Railroad Administration (FRA) documented 8,241 accidents involving the railroad. Of those incidents, 531 involved fatalities. During the same period, the FRA reported that there were 1,692 incidents at public railroad crossings and also that there were 687 highway-rail injury incidents and 261 highway-rail death incidents.

Figures from the National Transportation Safety Board state that approximately 60 percent of all railroad crossing fatalities occur at “unprotected” or passive crossings. Passive crossings are those crossings with only a railroad crossing sign. The statistics also state that “protected crossings”, those crossings with warning devices such as lights and gates, represent only 20 percent of the public railroad crossings in the United States.

Although the railroad has the right of way at all crossings, there are times when a crossing may be deemed a unique and local safety hazard thus requiring the railroad to take additional steps to safeguard motorists.

In deciding whether a particular crossing is a unique and local safety hazard, a jury may consider the following factors:

• Whether federal regulations would require additional warnings
• Whether sight distances or visibility are reduced at the crossing
• Whether there are intersections with other roads near the crossing
• Whether there is visual clutter at the crossing
• Whether there had been prior accidents at the crossing

Injuries involving the railroad are often catastrophic in nature. This is true whether the incident involves a crossing accident or an injured railroad worker. For this reason, federal regulations have been established to provide protection for railroad workers as well as citizens at rail crossings.

If you or a loved one has been injured in a railroad crossing accident, you should contact a qualified railroad injury lawyer to understand your rights to claim compensation.

For a free consultation, contact a railroad injury attorney at Arnold & Itkin LLP by calling toll free (866)222-2606 or by submitting the form at the top of this page.

Contact a Lawyer

First Name Last Name Email Address Phone Number Comments