Accidents at Private Railroad Crossings

Many of us are familiar with the crossing which has the bells, lights and the gates which drop into place when a train approaches.  However, many private crossings provide little or no warning to approaching vehicles that tracks are present, much less an oncoming train.  Private crossings are intersections of highways and railroads on roads either not open to public travel or maintained by a public authority.  Railroads often grant a license to an individual or company to place a crossing if the licensee is willing to accept certain responsibilities for maintenance.  Accidents at private crossing raise issues which must be addressed promptly to determine the cause of the collision and the fault of a defendant.  

When an accident occurs between a train and a car at a private crossing there are a number of issues to review.  Who operated the crossing? Who maintained it? Is there an agreement which sets out the responsibilities of the owner of the land or another entity?  This is a starting point in the analysis.  

What signs were placed and where? Were crossbucks present? Was there an active warning system (bells, lights, gates)? Should there have been an active warning system?  Was the crossing free of debris and were there appropriate sightlines for vehicles?  Was this a high speed rail corridor? Are there two tracks at the crossing with trains proceeding in opposite directions? How much vehicle traffic and train traffic runs through that crossing in a day?

By answering these questions a lawyer can determine whether negligence caused the collision at the crossing.  There are specific rules and standards which help answer these questions.  Every crossing must be evaluated individually and the circumstances of the collision examined.  Oftentimes collisions at crossings result in death and the testimony of witnesses is critical because the driver of the vehicle hit by the train is unavailable.  Reconstructions of the collision are often done which must also shed light on the cause of the accident.  

Complex issues arise when a train strikes a vehicle at a private crossing.  Getting an attorney involved promptly to conduct an investigation and gather evidence is critical to preserving a personal injury claim and increasing the chances of a successful outcome.

Traumatic Brain Injury

A traumatic brain injury (TBI) is often a devastating and life changing injury. TBI can occur in any number of ways including motor vehicle accidents, falls and any other circumstance causing trauma to the brain.  Direct trauma to the head is not required to cause a TBI as the forces involved in a rapid acceleration/deceleration can also cause the injury.  

Outward signs of injury to the head such as bruising or in the case of severe trauma skull fracture may be present.  Oftentimes, outward sign of injury is small and the patient may not recall striking their head at all.  

Doctors use a variety of measures to determine whether a person has suffered a TBI.  Did the person suffer the loss of consciousness? The loss of consciousness suggests a brain injury and was viewed as a necessary element to a TBI diagnosis.  Some neurologists believe that a feeling of being dazed or altered consciousness is enough to suggest TBI.  Either way it is one of the first things a doctor typically asks when taking a history after trauma.

Another measure of brain function is the Glasgow Coma Scale (GCS).  This tests a persons level of consciousness.  Are they awake? Able to interact? Responsive to input, pain? A normal GCS scale after trauma often suggests a strong recovery or a mild TBI whereas the lower GCS score often suggests moderate to severe brain injury.  A lower score portends a poor outcome.

Diagnostic tests such as CT scan or MRI may also be used to assess TBI.  Unfortunately a patient can suffer a TBI but have normal scans.  The types of abnormalities reflected on MRI or CT include leaking of blood which can cause the brain to shift and impact intracranial pressure.  The involvement of a neurosurgeon may be necessary to drain blood and relieve the pressure or stop the source of the bleed.

Even a mild TBI can result in long term disability and requires evaluation and management.  Seek the assistance of a personal injury lawyer if you have suffered a TBI and face the long road of medical recovery and a legal claim.