Every hundred (100) minutes, someone in America dies as a result
of being struck by a train.
The occupant of a motor vehicle that collides with a train, is forty (40)
times more likely to die, than if they had collided with another motor
vehicle?
Out of the more than 300,000 rail grade crossings in the United States,
more than 80% of all public railroad crossings don’t have lights and
gates; one third of these crossings haveno active warning device
of any kind. Motorists are made unknowingly susceptible by the
liability of an approaching train. Warning time is often minimal to
nonexistent.
More than half of all railroad mishaps occur at these unprotected
crossings. For those lucky enough to survive, the injuries sustained are
typically life threatening, requiring extensive surgical intervention,
many necessitating amputation. Thus the type of injury which results from
a motor vehicle colliding with a train or a child playing on or around a
railroad track only emphasizes the need for limited access to railway
areas and increased warning devices.
Trains cannot stop in time to prevent a collision from occurring. For
while an automobile traveling fifty (50) miles per hour requires
approximately fifty (50) feet to come to a stop, it takes a train over a
mile and a half to stop traveling from the same rate of speed. While grade
crossing warning signals have become more high-tech and rail traffic has
steadily increased, the railroads responsible for maintenance have
continuously reduced their workforce, leaving the public at increased
risk.
Liability can be established against the railroad by proving vegetation
was allowed to grow too high in the right of way, blocking the view of
both the engineer and the driver of the vehicle. Often, engineers don’t
blow the required whistle sequence because the whistle is so deafeningly
loud in the cab of the train. The train’s "black box" can be retrieved
which will show use of the whistle and speed of the train prior to impact.
Communications between the train crew and dispatchers are recorded. These
recordings, through contentious discovery, can be key in establishing
liability against the railroad.
For more information, contact the Law Offices of Gary Green.
