How Dangerous Are Railroad Crossings?
Highway-rail grade crossings, where a road crosses the tracks at the same level, are the second leading cause of rail-related deaths in the United States. According to Operation Lifesaver, a rail-safety education nonprofit, there are more than 2,000 crossing collisions and roughly 200 to 300 deaths at crossings across the country each year, along with hundreds of serious injuries. Federal safety officials note that most of these crashes involve risky driver behavior at the crossing.
The reason these crashes are so deadly is simple physics. A loaded freight train can weigh many thousands of tons, and it cannot swerve or stop the way a car can. Operation Lifesaver estimates that a freight train hauling 6,000 tons at 55 miles per hour needs a mile or more, about the length of 18 football fields, to come to a stop. By the time an engineer sees a vehicle on the tracks, stopping in time is often impossible.
What Should I Do at a Railroad Crossing?
A few simple habits at every crossing can save your life. Federal and rail-safety guidance is consistent on the basics:
- Always expect a train. Trains do not run on a fixed schedule and can come from either direction on any track, at any time.
- Never drive around lowered gates. Going around a gate is both illegal and one of the most common causes of fatal crashes.
- Cross only when you are sure you can clear the tracks completely without stopping. Never let traffic ahead trap you on the crossing.
- Stop no closer than 15 feet from the nearest rail when a train is coming, and wait until the gates are fully up and the lights stop flashing.
- Remember that the train is closer and moving faster than it appears.
If Your Vehicle Stalls on the Tracks
If your vehicle stalls on a crossing, get everyone out and move away from the tracks immediately, even if you do not see a train, and move in the direction the train would be coming from so you are not near the vehicle if it is struck. Then look for the blue and white Emergency Notification System sign posted at the crossing. It lists a phone number and a US DOT crossing number. Calling that number connects you to the railroad so it can stop approaching trains. Operation Lifesaver publishes detailed guidance for drivers on how to cross safely.
Why Aren’t Crossings Safer?
Not every crossing is protected the same way. Many rural crossings have only a passive crossbuck sign, with no gates, lights, or bells to warn of an approaching train. Studies of crossing crashes have long shown that active warning devices, especially gates and flashing lights, dramatically reduce collisions compared with signs alone. The Federal Railroad Administration works with states to upgrade crossings, but tens of thousands of public crossings across the country still lack active warning devices.
Other crossings are dangerous for reasons the driver cannot control, such as overgrown vegetation or structures that block the view of the tracks, malfunctioning signals, or rough surfaces that can hang up a vehicle. When a crossing is unreasonably dangerous and the railroad or another responsible party failed to fix it, that failure can be part of the legal claim.
Who Is Responsible for a Railroad Crossing Crash?
Liability at a crossing is often more complicated than in an ordinary car crash, and more than one party can share fault. Depending on the facts, responsibility may fall on the railroad that operated the train, the company responsible for maintaining the crossing and its warning devices, a government entity responsible for the roadway, or the manufacturer of a defective signal or component. Railroads have significant resources and experienced defense lawyers, and they often work to shift blame onto the driver. A well-documented example of a railroad being held accountable is the Missouri Supreme Court’s decision in Alcorn v. Union Pacific, which addressed a railroad’s duty at a dangerous crossing.
Because these cases turn on evidence that can disappear, such as signal maintenance records, event recorder data from the train, and the condition of the crossing, it is important to involve an attorney quickly. Our overviews of car accidents and personal injury claims explain how Kentucky injury cases are built, and a fatal crossing crash may support a wrongful death claim for the family.
How a Kentucky Attorney Can Help After a Crossing Crash
A railroad crossing case requires moving fast to preserve evidence, working with reconstruction and signal experts, and standing up to a railroad’s insurers and lawyers. An experienced attorney can investigate the crossing, identify every responsible party, and pursue the full value of your claim so your family can focus on recovery rather than fighting a railroad.
Talk With a Kentucky Personal Injury Lawyer
The Fleck Firm, PLLC was founded by attorney Tyler M. Fleck, a U.S. Army veteran who built his practice to serve people throughout Kentucky. If you or someone you love has been hurt at a railroad crossing, we offer a free consultation and work on a contingency fee, which means no fee unless we win for you. If you cannot come to us, we will come to you, including at the hospital or your home.
References
- Operation Lifesaver, collision and casualty statistics and driver safety guidance.
- Federal Railroad Administration, Highway-Rail Grade Crossing Safety.
- Alcorn v. Union Pacific Railroad Co., Missouri Supreme Court (2001).
