Train and Railroad Accidents
There are approximately 223,000 public railroad crossings in the United States. Approximately 79,000 of these public crossings are located in urban areas and 144,000 in rural areas.There are over 12,000 vehicle-train collisions at public grade crossings annually, which result in about 1,500 fatalities and 7,000 injuries.Among all transportation accidents, those at railroad crossings rate second in severity only to aviation accidents. The ratio of persons killed and injured is over 40 times that of all motor vehicle accidents.
Most of these accidents could have been avoided with reasonable effort. Many resulted, undoubtedly, from some form of "driver error". A substantial majority of railroad crossing collisions, however, are directly traceable to a marked indifference exhibited by many railroads towards crossing safety. Too many railroad crossings in this country are visually obstructed, lack the means to provide adequate warning of the approach of a train, or are simply in a deteriorated condition. Those railroads which are presently experiencing financial problems usually claim they lack the resources to remedy the situation, but it has not been observed that they displayed any greater initiative to improve crossing protections during better financial times. Indeed, for many years there has been little change in the crossing safety practices of railroads, regardless of their fiscal stability.
Unfortunately, the law relating to railroad crossing accidents, until recently, demanded very little of railroads. In the late 1800's and early 1900's the courts exhibited a marked disposition to favor the railroads by placing the blame for such accidents on the motorist while parroting the old bromide that "a railroad crossing is a place of danger." In no field of tort law could one find the courts usurping the jury's function to decide the question of contributory negligence more than in railroad crossing litigation. Frequently, the rationalization for such findings bordered on the absurd.
This is no longer true. The judicial pendulum has swung. The railroads are now being held accountable for their negligent actions and more frequently for their negligence in failing to take action. Concomitantly, the conduct of the motorist is appraised more realistically, with less of the jargon of ancient legal rhetoric.
If you are someone you know has been involved in a train or railroad accident call the Law Office of Harold D. Thompson today for a free case evaluation.
Most of these accidents could have been avoided with reasonable effort. Many resulted, undoubtedly, from some form of "driver error". A substantial majority of railroad crossing collisions, however, are directly traceable to a marked indifference exhibited by many railroads towards crossing safety. Too many railroad crossings in this country are visually obstructed, lack the means to provide adequate warning of the approach of a train, or are simply in a deteriorated condition. Those railroads which are presently experiencing financial problems usually claim they lack the resources to remedy the situation, but it has not been observed that they displayed any greater initiative to improve crossing protections during better financial times. Indeed, for many years there has been little change in the crossing safety practices of railroads, regardless of their fiscal stability.
Unfortunately, the law relating to railroad crossing accidents, until recently, demanded very little of railroads. In the late 1800's and early 1900's the courts exhibited a marked disposition to favor the railroads by placing the blame for such accidents on the motorist while parroting the old bromide that "a railroad crossing is a place of danger." In no field of tort law could one find the courts usurping the jury's function to decide the question of contributory negligence more than in railroad crossing litigation. Frequently, the rationalization for such findings bordered on the absurd.
This is no longer true. The judicial pendulum has swung. The railroads are now being held accountable for their negligent actions and more frequently for their negligence in failing to take action. Concomitantly, the conduct of the motorist is appraised more realistically, with less of the jargon of ancient legal rhetoric.
If you are someone you know has been involved in a train or railroad accident call the Law Office of Harold D. Thompson today for a free case evaluation.