Crossing Accidents

Imagine a vehicle that may be a mile or more in length and may weigh 8 million pounds. Imagine that 4,000 ton vehicle, a train, traveling at 70 MPH, or 50 MPH, or 30 MPH, or even 10 MPH, and at a railway highway grade crossing, colliding with an automobile weighing 3,000 pounds on average, or a light truck weighing perhaps 8,500 pounds, or a tractor-trailer rig weighing perhaps 80,000 pounds.

In any such match-up–car versus train, light truck versus train, or even tractor trailer rig versus train–the outcome is obvious. Obvious, and far too often, catastrophic.

There are over 200,000 miles of railroad tracks in the United States crossing through cities, towns and the countryside. These tracks intersect with public roads at more than 154,000 railroad crossings and another 100,000 or so private crossings for a total of 253,000 crossings. That makes for lots of chances for motor vehicles to come together with a train at a crossing. Indeed, it happens every couple hours or so, on average. Statistics released by the Federal Railroad Administration (FRA) show that in 2004, some 3,026 rail-highway grade crossing incidents occurred, taking the lives of 368 people and causing injury to 1,055 more.

Statistics are empty numbers, empty words, unless you, or someone you care about, happen to be one of the numbers. Then, you know the hurt, you know the loss. And you also know the feelings of helplessness, perhaps even hopelessness, as you work to get your life back together and look for accountability on the part of those who might be to blame for the incident.

About that word, "blame." You will hear over and again from the railroads that when a motor vehicle is involved in a collision with a train, the motorist is to blame. That's what the railroads want you, the victim, and society in general, to believe. In some cases, perhaps even most cases, the motorist is to blame. But that's not the case in all cases. There are countless crossing accidents where the fault lies solely and squarely with the railroad.

The railroads, in their "victim-at-fault" mantra, like to point fingers at driver inattention, cars racing trains to crossings or drivers going around crossing gates, as causes of crossing accidents. They want to turn their backs on their failings–things like signal malfunctions, failure of crossing gates to come down, or failure of warning lights to illuminate and flash–so drivers are not alerted to the approach of a train; overgrown vegetation so the driver's view of the track is obstructed; failure to properly mark crossing or maintain those markings; or failure to set reasonable train speeds or observe the speed limits that are set. They deny the reality of outdated or defective signal or locomotive equipment, lack of uniformity for crossing protection devices, dangerous roadway alignment with tracks, or overworked, fatigued train crews who sound their horns too late or ignore slow zones or other track restrictions or orders.

The fact is, the railroads have a duty to the public to exercise reasonable care in making crossings safe. When a railroad fails in its duty, and someone is hurt or killed through the railroad's negligence, the victim, or in case of death, the victim's family, may be entitled to recover damages for:

hospital and medical expenses;

lost earnings, past and future;

other financial losses;

physical disability and impairments, including disfigurement from scars and amputations;

emotional distress, such as anxiety and depression;

grief and emotional suffering caused by the tragic death of a loved one;

loss of love and companionship caused by the death of a loved one;

damage/destruction of property; and

physical pain and suffering.

Count on this: the railroads are not going to step forward, apologize for their wrong-doings and automatically open their checkbooks to compensate victims and families. Just the opposite. Because of the sheer number of crossing accidents, railroads defend crossing cases with vigor. Worse yet, as reported in a New York Times investigative series on railroad crossing safety, railroads don't always play fair. In the July 2004 article, "In Deaths at Railroad Crossings, Missing Evidence and Silence," the reporter stated: "Railroads blame victims for crossing accidents and shirk their responsibility by not reporting some accidents, destroying, mishandling or losing evidence relating to accidents, and maintaining a veil of silence. Furthermore, the regulatory authority - the Federal Railroad Administration (FRA) - rarely investigates railroad-crossing accidents."

Then, in a December 30, 2004 article, "Questions Raised on Warnings at Rail Crossings," the reporter stated: "There are many signal malfunctions which appear to be under-acknowledged and under-reported by both railroads and the FRA, resulting in the wrong causes of accidents being reported in some cases. Furthermore, innocent victims are deprived of the opportunity for justice." Then, in a March 8, 2005 article, "Railroad to Pay Over Violations at Railroad Crossings," the author reported: “A major railroad made a financial settlement with the state of New York, as compensation for violating safety laws. The railroad failed to report and promptly fix hundreds of signal malfunctions at railroad crossings throughout the state."

If you or someone you care about is one of the unfortunate victims of a crossing accident, you probably recognize that you need legal assistance. The Hubbell Law Firm has been taking on the nation's railroads in personal injury cases for over 100 years. Our attorneys have a combined total of over 150 years of highly successful experience in and out of the courtroom representing clients against the railroads. No lawsuit can make the pain, the suffering and all you have gone through go away, but our firm is devoted and dedicated to representing our personal injury clients in such a way they feel that justice has been served and they can go on with their lives in the most positive manner possible. Contact the Hubbell Law Firm toll-free at 1-800-821-5257 for a free consultation. We can be reached by e-mail via our contact page. Should you honor us by engaging our services, you can take comfort in knowing that we will handle all the details of investigating your case, preparing it for trial, and either settling the case or taking it to a jury, while you attend to your personal needs and those of your family. We represent our clients on a contingency fee basis. In other words, we are paid a percentage of the settlement amount or jury award if we win the case for the client. At the conclusion of the case, the client may be responsible for costs or expenses advanced by the firm. Our fee and repayment of costs come from the settlement or judgment. Take advantage of our uncompromising commitment to our personal injury clients; call today for a free consultation on crossing accident claims involving injury or loss of life.

While we take pride in representing the victims of crossing accidents, we are committed to protecting others from becoming victims…

Safety at Railroad Crossings

Expect a train at any time, on any track. DON’T be lulled into complacency or a false sense of safety on a track you habitually cross just because trains do not usually run in a particular time frame. Most trains do not run on a regular schedule, and for those that do, schedules are subject to change, or the train may have been delayed or be ahead of schedule.

Do not drive around lowered crossing gates. If the gates are down, stop and wait for the train to pass and the gates to come up. Even then, look both ways. Signals do malfunction, and another train might be approaching
Do not get trapped on the crossing. Make sure you can completely clear the crossing without stopping before you drive onto the crossing. Once you start, keep going, especially if a train is approaching

As you approach any track whether it is gated, has flashing red lights and bells, or is merely marked with cross buck signs, turn down or mute your radio, take a moment’s pause in any cell phone conversation or other distraction, and carefully, carefully, look and listen. More than one life has been lost because of a hit song on a radio. If your vehicle is well soundproofed, lower the window for a moment. Horns and bells are useless if the driver cannot hear them.

Never race a train. You have too much at stake should you lose, or even tie. You are never in that much of a hurry.

On multiple-track crossings, when you stop for one train and it clears, watch out for a second train from either direction.

On multiple-track crossings, if your vision is obstructed by a standing train or parked cut of cars, proceed with extreme caution.

When you see an approaching train, keep in mind that it is easy to misjudge the train’s speed and distance. The train’s large size makes it appear to be moving more slowly than it actually is. Keep in mind, also, that the train will not be able to stop for you. If you’re not sure, err on the side of caution, stop at the crossing and wait for the train to pass.

You’ve heard of “blind corners.” Beware of “blind grade crossings,” they do exist. Overgrown vegetation, or dangerously configured roadway-with-track alignments create crossings that are blind to motorists. When you come to such a crossing, stop, and proceed with extreme caution.

Be particularly watchful at night for railroad crossing signs. When you see one, proceed with caution, watching for a train already on the tracks. Most railroad cars do not have reflective tape and dark-colored cars are difficult to see at night. Also, speed and distance are more difficult to judge accurately at night.

Remember! Trains can’t stop quickly for you,
You must stop for them!
A freight train at 55 mph takes a mile to stop!!!

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