Grade Crossing Accidents

Here is a topic that always upsets me. Railroads do not want to hit autos at grade crossings, and it is obviously the motorists' fault, but I have actuallty heard of some railroads losing lawsuits from this! Who sues who?

MR77100,

Well, contrary to what the railroads and Operation Lifesaver would like you to believe, it is not always the motorists fault!

There are way too many documented instances of the automatic warning devices (flashers and/or gates) not working properly and of crews failing to comply with "Stop and Flag" provisions. Also, there are loads of cases where the railroads have not only failed to promptly repair active protection which was working continuously but also failed to provide a flagman to direct traffic at such a site.

At many crossings which have only passive protection (crossbucks), the railroads have failed to maintain clear sightlines so that motorists can see approaching trains without fouling the tracks.

When an accident has occurred, either party may sue the other and let the matter be sorted out in court.

Hope this helps.

In the few weeks that I have been on the rails----I have already seen some crazy stuff!! I have noticed on our subdivision that we have several bad crossings that are close to major industries and if people are running late getting to work they will go right thru the crossing while the gate arms are down and we are hammering down the rails at 49 mph. We have missed some by 250-300 feet. Also, out in the country where you have alot of flashing crossarms----I think the county or railroad should do a better job at cutting back some trees and bushes to allow a better line of vision for people in automobiles.

Nashvillie newbie

Newbie,

Points well taken.

What we have found to be most effective is when the local law enforcement takes an interest in enforcing the m.v. regulations.

I have spent time with local enforcement and watched people drive past working flashers and around gates when a train was closely approaching a crossing. We have even observed drivers of trucks bearing hazardous placards do this!

What is really scary is the number of drivers who cross the tracks without looking while they are yapping on their cellphones; sometimes even with children in their vehicle!

If you have particularly bad crossings on your run, notify the state public utilities commission so that they can give some encouragement for better enforcement to the locals.

The people that scare me the most are not the ones who slow down, look how far the train is from the crossing, then go. The ones who scare me are the ones you see zoom over the crossing without looking or slowing down.

Nashville Newbie, there was a System Bulletin issued on the CSXT system last year or the year before which is a form to fill out for trespassers and/or near misses at grade crossings. Simply fill out the form and fax it to the CSXT POlice. (Not sure what they do after that).

I've been in two grade crossing accidents. That Railview camera saved my butt both times.

Motorist are stupid.

-r

What shocks me is the Towns with special NOISE ORDINATES that do not allow the trains to blow there horns at Grade crossings.

I had a grade crossing accident about 10yrs ago...In the Middle of nowhere..On a Private Crossing Without any trees to obstruct the crossing, during daylight hours and the equipment had 5 chime horns.
It was a GP-7 against an "Empty" 10 wheel Peterbuilt Dump truck...The Peterbuilt lost!!! It was like hitting a Tonka truck hardly felt a thing. WHAT was this guy thinking

MR77100 wrote:Here is a topic that always upsets me. Railroads do not want to hit autos at grade crossings, and it is obviously the motorists' fault, but I have actuallty heard of some railroads losing lawsuits from this! Who sues who?

I went to a crossing safety seminar for UP some years back. One of the points made was that no matter what you do, you could have done something better.... (goes along the line of EVERY accident is preventable).

A) If you hit a car at a pvt dirt crossing, should have had crossbucks up to warn of tracks.
B) If you had crossbucks up - you should of had a flashers
C) If you had flashers you should have had gates that drop down.
D) If you have gates that drop down, you should have had it block 100% of the intersection to stop drive arounds.
E) If you have D), then you should of had a Grade Separation.
F) And if you hit a pedestrian, you should of had a fence put up.

Who Sues Who..? After the Case is dismissed in court and the Railroad is found to have no involment or Neglagence...The People file civil suites against the individual members of the crew, And sometimes are awarded settlements and these settlements are attached to Paychecks earnings and Propertys and Haunt the Crew Members for the rest of there lives.

Unfortunately railroads also happen to be victims of insurance scammers. Some people think they can get a new car or retire early at the railroad's expense. Of course, some end up losing their own lives, but oh well, that person's family can live off the settlement at the railroad's expense!

Its been brought up several times with cuting Bushs and over growth back on CSX several times in Cayuga County. The towns do not and will not cut back trees and over growth they feel that its up to the railroad to do that. But the problum is that the plant life is not on railroad property and CSX seaid it should be up to the town to cut back the growth. Both the towns and the railroad are at a dead lock as to how is to handle such matters.