Fatal Train Accident at Railroad Crossing Raises Questions
A fatal railroad collision between a car and a train near the U.S. 71-B in Arkansas has investigators wondering why active warning signs were not at the railroad crossing. The crossing, lacking flashing lights and hinged road-blocking arms, is a dangerous intersection that is, according to the department of transportation, unlikely to have warning signals installed in the near future.
According to the department of transportation, of the 2, 700 railroad crossings in Arkansas, 70 percent do not have active warnings. At such railroad crossings, the only warning may be the sound of the conductor blowing the train's whistle about 15-20 seconds before an intersection, which is a state law requirement.
Several aspects of an intersection are examined before a decision is made to install active warnings; the following are often considered:
1. Train Accident history
2. Site distance in relation to vegetation or new construction blocking visibility of the track.
3. Number of railroad crossings on the road
4. Number of trains that use the track daily
5. Speed of those trains
6. Amount of traffic that crosses those tracks
7. Type of vehicles that cross the tracks regularly
8. If the intersections is often crossed by school buses
9. If hazardous materials are usually transported
10. If it is a more frequently used ambulance route
Some railroads offer free safety classes to the public, showing the dangers and facts of railroad crossings and train tracks and covering precautions people can take in the event that warning signals are not installed. In general, however, prudent and observant driving will always be to the benefit of the driver and passengers. Even if the area surrounding a railroad does not have clear markings, cautious driving could aid a driver in seeing railroad crossings where warning signals are not apparent or not present. In either event where warning signals are installed or not, it is important to recognize that railroads are generally not legally liable for mishaps taking place on their private property.
As an experienced Missouri railroad accident firm, we are happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our railroad accident investigation team and begin taking the same action as the railroad's investigation team.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.RailroadAccidentLawGroup.com for more information.
