Ensuring the functionality and safety of railroad crossings is critical not only to the men and women who work on the railroads but also to anyone who traverses these crossings. When railroad crossings are poorly maintained or warning systems fail, serious collisions and subsequent injuries can occur. Understanding how liability is determined following an accident at an unsafe crossing is critical. Liability can involve the railroad company, government entities, or other third parties, as responsibility ultimately depends on who is responsible for maintaining the safety of the crossing. The following blog explores these circumstances in further detail and why it’s in your best interest to connect with an experienced FELA lawyer to discuss your unique situation.
What Constitutes an Unsafe Railroad Crossing?
Generally, an unsafe railroad crossing is one that does not have adequate warning to prevent accidents. For example, the only warning a passing motorist may have of an approaching train is a sign informing them of a railroad crossing ahead, depending on the area. While this may be acceptable in some areas if the sign is obstructed, missing, or damaged, this can be deemed unsafe.
However, railroad crossings with multiple warning systems can become dangerous in the event that those warnings do not function properly. This includes broken gates that do not go down when a train is approaching or broken lights and bells that do not inform motorists of the risks.
Common Warning System Failures That Make Crossings Dangerous
Railroad crossings may be considered unsafe when the safety systems intended to warn motorists of approaching locomotives fail or are not properly maintained. This includes:
- Crossing fates that do not lower when a train is approaching
- Signals that do not activate or are not visible to vehicles approaching the crossing
- Crossing signs that are damaged, missing, or obstructed
- Warning bells that do not signal when a train is approaching
- Poorly maintained road surfaces that create hazards at the crossing
- Vegetation or structures that block a driver’s view of oncoming trains
Unsafe crossings often occur when safety infrastructure, like signals, warning lights, or crossing gates, is not properly installed, regularly inspected, and adequately maintained. As such, this can increase the risk of collisions between vehicles and trains.
What Causes Railroad Crossing Accidents?
Railroad crossing accidents can occur for a number of different reasons, including infrastructure failures, inadequate maintenance, or limited visibility for approaching motorists. As crossings involve both roadways and railroad operations, a number of elements can contribute to a collision. Understanding these hazards can help determine if negligence is a factor in these accidents.
Common Causes of Railroad Crossing Collisions
- Overgrown bushes, weeds, or other vegetation that reduces a driver’s visibility
- Lack of lighting, ultimately making it difficult for drivers to see signals or tracks at night
- Inadequate warning systems
- Broken or malfunctioning gates
- Poorly maintained road surfaces that cause vehicles to become stuck on tracks
- The driver’s misjudging of train speed or distance
- Human error by drivers, railroad operators, or maintenance personnel
Who May Be Responsible for an Unsafe Railroad Crossing?
Determining liability after an accident at a railroad crossing can be complicated, as several different parties may share responsibility for ensuring safe crossings. Depending on the circumstances of the accident, liability can fall on the railroad companies, government entities, or third parties who contributed to the collision.
Understanding how liability is determined is imperative when evaluating negligence. However, responsibility ultimately depends on which party is responsible for maintaining the safety of the crossing. As such, multiple parties may ultimately share liability for damages.
Parties That May Face Liability for Railroad Crossing Accidents
- Railroad companies can face liability for maintaining signals, gates, and warning systems
- Municipalities or local governments responsible for roadway maintenance near the crossing
- State transportation agencies may be liable for road designs or traffic control devices
- Contractors responsible for installing or maintaining infrastructure at the crossing
- Property owners if their vegetation or structures impact driver visibility
Can Railroad Workers Bring a Claim Under FELA for Crossing Accidents?
Unfortunately, many railroad employees sustain severe injuries as a result of the negligence of their employer. For example, if there is an unsafe railroad crossing, and a vehicle is unaware of the approaching train, the two can collide, causing severe injuries for all involved.
In many instances, the railroad company will likely try to blame the driver of the vehicle for the injuries its employee sustained. However, if the railroad crossing was unsafe, the railroad company may likely face liability.
For instance, if the crossing gates did not go down, or the sign warning drivers of the upcoming tracks was damaged or obstructed by overgrown vegetation, this would likely constitute an unsafe crossing, meaning the railroad company responsible for maintaining the area would be held liable.
When Railroad Employers May Be Liable Under FELA
Under the Federal Employer’s Liability Act, a railroad employee may file a claim against their employer if the company’s negligence contributed to a worker’s injuries. Common examples of employer liability include:
- Failure to maintain railroad crossing safety features
- Failure to repair malfunctioning equipment
- Failure to remove vegetation or objects obstructing visibility
- Failure to adhere to federal regulations
- Failure to adequately inspect equipment
Contact an Experienced Railroad Crossing Injury Attorney Today
If you sustained an injury due to the negligence of your employer, file a claim through the Federal Employers’ Liability Act (FELA) to recover compensation for the damages you’ve suffered. However, it’s important to understand that you will likely face a challenge, as the company will likely try to avoid liability for its failure to maintain the railroad crossing.
As such, it’s imperative to understand how an experienced attorney can help represent you during these matters. At Doran & Murphy, our team understands how devastating it can be to sustain an injury that could have been prevented. That’s why we are committed to fighting for the compensation you deserve. Connect with our team to learn how we can guide you through these complex matters.
