PLAINTIFF'S CHALLENGE: RAILROAD GRADE CROSSING CASES

Railroad grade crossing crashes were covered from both the plaintiff and defense perspectives at last month's American Bar Association conference on Transportation Facility Negligence in Tampa. Attorney Howard Schaffner of Chicago discussed the special problems that plaintiffs face in these cases. The fact that trains are large, noisey and travel on tracks that are fairly discernable to drivers make grade crossing cases inherently difficult for plaintiffs. Schaffner places the most common theories of recovery into three groups: cases where the plaintiff must prove the train was not visible as it approached or blocked the crossing: cases where inadequate warning was provided to the driver: and instances where the train was traveling at so great a speed that it reached the crossing sooner than a reasonable driver would have anticipated. These theories can involve negligence on the part of the highway department for road design and signing. Allegations of inadequate sight distance or view of the train are usually supported by theories of defective road design, the presence of vegetation that obstructed the driver's view, or the lack of operational lighting on the train. Although statutes requiring maintenance of vegetation on roads and rail crossings are common, authorities agree that governments are not usually held liable for such obstructions. Where defective road design is the alleged cause of the accident, the grade and curvature of the road become critical. The plaintiff's attorney must be able to answer what the motorist or engineer saw and when they were able to see it. In addition, plans drawn to scale can assist in establishing problematic curves and elevations. Aerial photographs can also be helpful in establishin sight lines, as are pohotographs and video tapes taken from the driver's perspective. (Author)

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• Corporate Authors:

  TranSafety Incorporated

  2020 K Street, NW, Suite 350
  Washington, DC  United States  20006

  TranSafety Incorported

  9520 Lee Highway
  Fairfax, VA  United States  22031
• Publication Date: 1985-3

Media Info

• Pagination: p. 7
• Serial:
  • TRANSAFETY REPORTER
  • Volume: 3
  • Issue Number: 3
  • Publisher: TranSafety, Incorporated
  • ISSN: 0884-612X

Subject/Index Terms

• TRT Terms: Compliance; Design standards; Highway design; Liability; Litigation; Railroad grade crossings; Sight distance
• Subject Areas: Highways; Law; Railroads; Safety and Human Factors; I82: Accidents and Transport Infrastructure;

Filing Info

• Accession Number: 00395708
• Record Type: Publication
• Files: TRIS
• Created Date: Oct 31 1985 12:00AM