RAILROAD GRADE CROSSING CASES: THE DEFENSE PERSPECTIVE

All railroad grade crossings are inherently or potentially dangerous. Thus, in railroad crossings accident cases the question of whether the crossing was extrahazardous and unusually dangerous, if proven, would increases the duty owned by the railroad (and) highway department where applicable) to the public, i.e. the plaintiff. A railroad grade crossing is considered to be extrahazardous where unusual circumstances exist which make it so unsually dangerous that prudent persons cannot safely use the crossing unless extroordinary measures or precautions are taken. There are a number of factors that may be involved in allegations that a crossing was extrahazardous. The first, obstruction of view, involves claims that trees and vegetation, buildings or other railroad cars made it impossible for the plaintiff to see the approaching train until it was too late. Another factor is evidence of prior accidents. Many jurisdictions allow admission of this evidence for the following purposes; 1) to show existence of a dangerous condition; 2) to show railroad's or agency's knowledge of condition. The design of the road as it approaches the crossing can also come under fire. Allegations that a too steep grade or sharp curve prevented adequate sight distance are best refuted with the testimony of a civil engineering expert equipped with plats of the location to disprove any exagerated claims. In his experience, plaintiffs can more easily find experts to attest to an extrahazardous crossing than defense attorneys can find experts with opposing views. Defense counsel should scrutinize plaintiff's expert's background, education, and credentials before trial. (Author)

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  • Corporate Authors:

    TranSafety Incorported

    9520 Lee Highway
    Fairfax, VA  United States  22031

    TranSafety Incorporated

    2020 K Street, NW, Suite 350
    Washington, DC  United States  20006
  • Publication Date: 1985-4

Media Info

  • Pagination: p. 7
  • Serial:
    • TRANSAFETY REPORTER
    • Volume: 3
    • Issue Number: 4
    • Publisher: TranSafety, Incorporated
    • ISSN: 0884-612X

Subject/Index Terms

Filing Info

  • Accession Number: 00395711
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 31 1985 12:00AM