What You Can Do in the Event of a Railroad Crossing Accident
The primary reasons why most travelers would opt to ride the rail cross country rather than take a plane, car or bus are safety and comfort. A train ride is supposed to be a safe and enjoyable way to travel. However, as secure as trains may seem, train accidents do happen. A train accident is a ghastly occurrence that usually results in brutal endings. The atrocious outcome of a train crash is the very reason the term "train wreck" has become a colloquialism for disaster.
According to the U.S. Department of Transportation there were 13,352 train accidents in the U.S. in 2006. 910 people were killed while 8,349 were injured. In result to these deaths and injuries, many personal injury cases for passengers and families of the deceased and injured were filed. However, there are other people involved in the accident that were injured who were not on board the train during the accident. In addition to passengers, non-passengers are also injured by train accidents-these people have legal options.
Furthermore, most of the total 5,800 wrecks nationwide that involve a vehicle-train collision occur at railroad crossings. These types of accidents kill 600 people and injure about 2,300. Over 50% of all railroad fatal accidents occur at crossings with passive or inadequate safety devices. Some railroad crossings have no safety devices whatsoever!
It is impossible for a moving train, with momentum to come to a full stop within seconds. A 150-car train traveling at an average speed of 50 miles-per-hour will take over a mile to completely stop. While it is easy for a person to assume he or she is at fault, should have known better or seen the tracks, it is the fault of unprotected crossings. In the majority of rail crashes and train disasters, people are injured and lose their automobiles because of unprotected crossings or inadequate warning signs. The of the Federal Railroad Administration, states that over half of all railroad crossing accidents occur at exposed crossings. Moreover, 80% of all of these crossings do not have clear and adequate warning signage and gates.
The Federal Railroad Administration has set specific laws regarding high speed trains. For trains traveling less than 110 miles-per-hour, grade crossings are permitted. Both the state and railroad company must cooperate to determine the best warning device for passersby and motorists to ensure maximum safety. These warning devices might include cross bucks, lights or two quadrant gates. For trains traveling at a speed of 110-125 miles-per-house crossing is only allowed if there is an "impenetrable barrier" that physically blocks traffic whenever the train comes by. Finally, crossings are not permitted for trains traveling at a speed faster than 125 miles-per-hour because of the possibility of vehicle accidents is too great.
Obviously frivolous behavior, such as people playing around railroad tracks when there are clear warnings posted would not qualify as grounds for a vehicle accident lawsuit. However, if a person was not aware of a railroad danger because of inadequate warnings, and were consequently injured or killed because of a train, there could be liability involved. After all, sounds can be distorted or hushed and the "appearance" of a train coming from a distance is not always perceivable to the average person-unless there are adequate warnings in accordance with FRA.
If you or a family member has been injured due to a train accident or railroad crossing accident then contact The Rasansky Law Firm. Contact 1-800-ATTORNEY to get a free consultation from a train accident attorney on your case. You may be entitled to medical bills and pain and suffering damages, so call now!
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