AUTOMOBILE-TRAIN GRADE CROSSING COLLISIONS: AN EVOLVING THEORY OF LIABILITY

Concern over the rising toll in life and limb exacted by rail-grade crossing collisions crystallized on the national level with the enactment of the Federal Railroad Safety Act of 1970 which directed the Secretary of Transportation to investigate and recommend solutions with respect to safety problems at such crossings. The Highway Safety Act of 1973 provided, inter alia, for the infusion of massive federal funding to assist in the upgrading of protective devices at certain rail-grade crossings. The paper reviews, from the plaintiffs' perspective, the traditional theories of liability advanced against a railroad company by a non-railroad employee motorist and defenses interposed thereto, and explains in detail the evolution of a cause of action, kindred to that employed in product liability actions, which is premised on engineering and design deficiencies in the protective devices emplaced at railroad-grade crossings.

  • Corporate Authors:

    Pergamon Press, Incorporated

    Maxwell House, Fairview Park
    Elmsford, NY  USA  10523
  • Authors:
    • Motley, R L
  • Publication Date: 1978

Media Info

  • Features: References;
  • Pagination: p. 253-266
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00302149
  • Record Type: Publication
  • Source Agency: Engineering Index
  • Files: TRIS
  • Created Date: Dec 19 1979 12:00AM