Railroad crossing accidents are among the most devastating incidents on our roads. When a vehicle collides with a train at a railroad crossing, the consequences are often catastrophic. These collisions typically result in severe injuries, significant property damage, and tragically, fatalities. If you or someone you love has been injured in a railroad crossing accident, understanding your legal rights is essential to securing the compensation you deserve.
Railroad crossings present unique dangers that differ from typical traffic intersections. Trains cannot stop quickly—a freight train traveling at 55 mph can take over a mile to come to a complete halt. This reality makes it critical that railroad companies, municipalities, and drivers all take appropriate safety measures. When negligence occurs at any level, innocent people suffer the consequences.
At Prince & Associates, PLLC, we have extensive experience representing victims of railroad crossing accidents. We understand the complexity of these cases and the devastating impact they have on families. If you’ve been injured, call (888) 844-9406 or email contactus@princelawassociates.com for a free consultation.
What Are Railroad Crossing Accidents?
Railroad crossing accidents occur when a vehicle—whether a car, truck, motorcycle, or pedestrian—collides with a train at a point where railroad tracks intersect with a roadway. These crossings can be controlled (equipped with gates, lights, and warning signals) or uncontrolled (marked only by crossbucks or signs).
Despite modern safety technology, thousands of railroad crossing accidents happen each year. According to the Federal Railroad Administration, there are approximately 2,000 collisions between trains and vehicles annually, resulting in hundreds of deaths and serious injuries. The sheer size and weight disparity between trains and passenger vehicles means that occupants of cars almost always suffer the worst outcomes.
These accidents happen for various reasons, including mechanical failures, poor visibility, inadequate warning systems, driver error, and railroad company negligence. Determining liability requires a thorough investigation into all contributing factors.
Common Causes of Railroad Crossing Accidents
Understanding how railroad crossing accidents occur is the first step in establishing liability. Multiple parties may share responsibility for these devastating collisions.
Malfunctioning warning devices are a leading cause. When crossing gates fail to lower, lights don’t activate, or bells don’t sound, drivers receive no warning of an approaching train. Railroad companies and municipalities responsible for maintaining these systems can be held liable when equipment failures contribute to accidents.
Obstructed views and poor crossing design create dangerous conditions. Overgrown vegetation, improperly placed signs, buildings too close to tracks, or inadequate approach angles can prevent drivers from seeing oncoming trains until it’s too late. Property owners and local governments may bear responsibility for these hazardous conditions.
Inadequate signage and warnings leave drivers uninformed about crossing dangers. Some crossings lack proper advance warning signs, pavement markings, or reflective materials for nighttime visibility. When crossings aren’t clearly marked or visible, accidents become more likely.
Train operator negligence sometimes plays a role. Engineers must sound horns at appropriate distances from crossings and maintain proper speeds through populated areas. Failure to follow safety protocols or operating trains while impaired can constitute negligence.
Driver errors certainly contribute to some accidents, but even when driver behavior is a factor, other parties may still share liability. Distracted driving, attempting to beat a train, ignoring signals, or stopping on tracks all create risk. However, if warning systems were inadequate or malfunctioning, the driver may not be solely responsible.
Determining Liability in Railroad Crossing Accidents
Railroad crossing accident cases often involve multiple potentially liable parties. Establishing who bears responsibility requires comprehensive investigation and legal expertise.
Railroad companies owe a duty to maintain safe crossings, ensure warning devices function properly, keep vegetation trimmed for visibility, operate trains safely, and sound appropriate warnings. When they breach these duties, they can be held accountable for resulting injuries.
Municipalities and government entities are responsible for crossing design, maintenance of roadway approaches, installation and upkeep of warning devices, and ensuring adequate signage. Government liability cases involve special procedural requirements and shortened filing deadlines, making prompt legal action essential.
Maintenance companies contracted to service crossing equipment may be liable when mechanical failures result from poor maintenance, missed inspections, or substandard repairs.
Property owners adjacent to crossings can bear responsibility if their negligence creates visibility obstructions or other hazards.
Victims of railroad crossing accidents may be entitled to substantial compensation including medical expenses (emergency treatment, surgeries, rehabilitation, ongoing care), lost wages and diminished earning capacity, pain and suffering, property damage, and in fatal cases, wrongful death damages for surviving family members.
Prince & Associates, PLLC works with accident reconstruction experts, railroad safety specialists, and engineering professionals to build compelling cases. Contact us at (888) 844-9406 or contactus@princelawassociates.com to discuss your situation.
Steps to Take After a Railroad Crossing Accident
The actions you take immediately following a railroad crossing accident can significantly impact your physical recovery and legal claim.
Seek immediate medical attention even if you don’t think you’re seriously injured. Adrenaline can mask pain, and some serious injuries aren’t immediately apparent. Creating a medical record immediately after the accident establishes a clear link between the collision and your injuries.
Report the accident to law enforcement and ensure an official report is filed. This documentation becomes critical evidence in your case. Request a copy of the police report as soon as it becomes available.
Document the scene if you’re physically able. Take photographs of vehicle damage, the train, the crossing itself, warning devices (whether functioning or not), visibility obstructions, skid marks, and weather conditions. Capture video if possible, including the condition of signals and gates.
Gather information from all parties involved, including the train operator, railroad company representatives, and witnesses. Obtain names, contact information, and statements from anyone who saw the accident occur.
Preserve evidence by keeping damaged personal property, maintaining records of all accident-related expenses, and saving all medical bills and documentation. Don’t repair or dispose of your vehicle until your attorney advises you to do so.
Contact an experienced railroad accident attorney as soon as possible. These cases involve complex federal and state regulations, multiple potential defendants, and sophisticated corporate defense teams. Early legal representation ensures crucial evidence is preserved and your rights are protected from the start.
Avoid discussing the accident on social media or with insurance adjusters before consulting your attorney. Statements you make can be used against you, and insurance companies often try to minimize payouts or shift blame to victims.
Common Mistakes to Avoid After Railroad Crossing Accidents
Victims often unknowingly harm their cases by making preventable errors during the claims process.
Don’t accept quick settlement offers. Insurance companies frequently make lowball offers before victims understand the full extent of their injuries and damages. Once you accept a settlement, you typically cannot pursue additional compensation even if your injuries prove more severe than initially apparent.
Don’t sign anything without attorney review. Railroad companies and insurers may ask you to sign releases, medical authorizations, or recorded statements. These documents can contain language that waives your rights or limits your recovery.
Don’t delay seeking legal help. Railroad crossing accident cases involve strict deadlines called statutes of limitations. Evidence deteriorates over time, witnesses’ memories fade, and procedural deadlines can expire. Waiting too long may prevent you from recovering any compensation.
Don’t assume you’re partially at fault. Even if you think you made an error, multiple parties may share responsibility. Railroad companies and their insurers often try to shift blame to victims to reduce their liability. An experienced attorney can investigate all factors and identify all responsible parties.
Don’t minimize your injuries. Some accident victims hesitate to seek full compensation because they don’t want to seem greedy or litigious. You deserve fair compensation for all damages you’ve suffered—physical, emotional, and financial.
Conclusion
Railroad crossing accidents cause life-altering injuries and devastating losses for victims and their families. These complex cases require thorough investigation, expert testimony, and aggressive legal representation to hold negligent parties accountable. Whether your accident resulted from malfunctioning warning systems, poor crossing design, inadequate maintenance, or other forms of negligence, you have the right to seek full compensation for your damages.
Time is critical in railroad crossing accident cases. Evidence must be preserved, witnesses must be interviewed, and legal deadlines must be met. The sooner you contact an attorney, the stronger your case will be.
Prince & Associates, PLLC has decades of experience helping injury victims recover the compensation they need to rebuild their lives. We handle all aspects of your case while you focus on healing. Our team works on a contingency fee basis, meaning you pay nothing unless we win your case.
If you or a loved one has been injured in a railroad crossing accident, don’t wait. Call (888) 844-9406 or email contactus@princelawassociates.com today for a free, confidential consultation. We’ll review your case, explain your rights, and help you understand your legal options. Let us fight for the justice and compensation you deserve.
Frequently Asked Questions
Who can be held liable for a railroad crossing accident?
Multiple parties may share liability including railroad companies, municipalities responsible for crossing maintenance, contractors who service warning equipment, and property owners whose negligence creates hazards. An experienced attorney will investigate all potential sources of liability to maximize your recovery.
How long do I have to file a railroad crossing accident claim?
Statutes of limitations vary depending on who the defendants are and where the accident occurred. Claims against government entities often have very short notice requirements—sometimes as brief as 90 days. Contact an attorney immediately to ensure you meet all deadlines.
What if the railroad company says I’m at fault for the accident?
Railroad companies often attempt to shift blame to victims. Even if you made an error, other parties may share responsibility if warning devices malfunctioned, visibility was obstructed, or the crossing design was inadequate. Don’t accept fault without having an attorney investigate all contributing factors.
Can I still recover compensation if my family member died in a railroad crossing accident?
Yes. Surviving family members can pursue wrongful death claims to recover compensation for funeral expenses, loss of financial support, loss of companionship, and other damages. These cases are time-sensitive, so contact an attorney promptly to protect your rights.