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.
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