Skip to main content
Free Consultation No Win, No Fee
Train Accident Guide

Railroad Crossing Accidents: Your Legal Rights

Railroad crossing accidents often result in catastrophic injuries or death. When crossings lack adequate warnings or signals malfunction, the railroad may be liable for resulting harm.

Common Causes of Crossing Accidents

Railroad crossing accidents result from multiple factors:

  • Malfunctioning Signals: Gates, lights, or bells that fail to activate
  • Inadequate Warnings: Crossings without proper signage, lights, or gates
  • Obstructed Views: Vegetation, buildings, or terrain blocking sight lines
  • Quiet Zones: Areas where trains don't sound horns, increasing risk
  • Train Speed: Trains traveling too fast for conditions
  • Driver Error: Attempting to beat approaching trains

Who is Responsible for Crossing Safety?

Crossing safety is a shared responsibility:

  • Railroads: Must maintain signals, clear sight lines, and operate trains safely
  • Government Entities: Responsible for road approaches, signage, and some signal systems
  • Signal Equipment Manufacturers: Liable for defective equipment
  • Maintenance Companies: Responsible for proper signal upkeep

Determining which parties failed in their duties requires investigation of the specific crossing and circumstances.

Types of Crossing Protections

Crossings have varying levels of protection:

Active Protections:

  • Flashing lights
  • Bells/audible warnings
  • Automatic gates

Passive Protections:

  • Crossbuck signs
  • Stop signs
  • Yield signs
  • Pavement markings

Crossings with only passive protections have significantly higher accident rates. If a crossing should have had active protections but didn't, the responsible parties may be liable.

Proving Negligence in Crossing Accidents

To prove negligence, you may need to establish:

  • The crossing was unreasonably dangerous
  • Signals malfunctioned or were inadequate for traffic volume
  • The railroad knew or should have known of the danger
  • The railroad failed to take reasonable steps to improve safety
  • A history of accidents or near-misses at the crossing

Evidence like signal maintenance records, prior accident reports, and expert testimony about crossing safety standards can support your claim.

Compensation in Crossing Accident Cases

Crossing accident victims and families may recover:

  • Medical expenses for catastrophic injuries
  • Long-term care and rehabilitation costs
  • Lost wages and future earning capacity
  • Pain and suffering
  • Wrongful death damages
  • Vehicle damage and property loss

Given the severity of train-vehicle collisions, settlements often reach into the millions of dollars.

Frequently Asked Questions

Can I sue if the crossing had warning signals?

Yes, even if signals were present, you may have a claim if they malfunctioned, were poorly visible, or if other factors contributed to the accident. The railroad must maintain signals in proper working order.

What if I drove around lowered gates?

Driving around gates significantly affects your claim, but doesn't necessarily bar recovery entirely. Comparative negligence rules may reduce your compensation based on your share of fault.

How do I prove the signal malfunctioned?

Evidence may include signal event recorders, maintenance logs, witness testimony, surveillance footage, and prior malfunction reports. An attorney can subpoena these records from the railroad.

Need Help With Your Train Accident Case?

Our experienced railroad injury attorneys are ready to fight for your rights. Free consultation, no fee unless we win.