Automobile or Train Collisions
Automobile collision cases make up the majority of lawsuits, and they can
be difficult to prove. Often a matter of visibility issues, a train, with
all its lights and horn and the sheer size and presence of it, is usually
visible from hundreds of feet away. It then becomes unlikely that a case
involving that crossing is a viable case. In fact, the train almost always
has the right-of-way.
But at a crossing without signals – and where no signals are necessary
— the driver may have difficulty in seeing the train approaching.
An unobstructed view of the train is critical in a liability case. Were
there prior accidents there? If so, it means the railroad probably knew
of the possible danger. But the motorist normally has more liability than
the train operators or railroad does.
Motorists approaching a railroad crossing have the responsibility to use
caution when crossing the tracks. Furthermore, if no evidence exists that
the motorist did not do so, it’s assumed that he did. That means
if there were no witnesses, a crash victim is not automatically judged
to have been negligent. Unless there is clear evidence he was aware of
the approach of a train, it’s assumed he did his own due diligence
and the burden of proof is now on the railroad to prove he didn’t
use good judgment. Again, that isn’t a smoking gun, but it changes
the burden to the railroad.
At this point, however, the railroad can produce witnesses who knew certain
habits of the motorist that can disprove the case for due diligence and,
in fact, prove a lack of caution. Then the case swings the opposite direction.
If, however, there are obstructions or malfunctions to the crossing mechanisms,
the case again places the burden of proof back on the railroad to show
that it was unaware, or not liable, for such circumstances — which
is very difficult for the railroad to defend.
By the way, in a lawsuit where a car hits the side of a train, the courts
almost always find for the railroad. When the object the size of a train
is directly ahead and a victim still slams into it after all the lights
horns and other associated warning sights and sounds, it almost always
signifies a lack of awareness from the motorist. There are, of course,
extenuating circumstances, but typically the case will be a difficult
one to prove.
Motorists are always required to look and listen for a train at a railroad
crossing. If a train is present or deemed to be on its way, the motorist
must stop his or her vehicle safely before the crossing. But the environment
is important. If it can be shown that an oncoming train is clearly visible
from a crossing for more than just a few feet, it’s going to a be
a difficult matter to prove the driver did his or her own due diligence
in crossing the tracks. In all drivers’ handbooks, and in all states,
a driver at an unmarked railroad crossing must stop and look both ways.
Failure to do so when there is enough visibility is at the driver’s
own peril, not the railroad’s.
But the ability to see the train is critical. If the motorist stops, but
the oncoming train isn’t obvious — and there is no bell or
horn sounded — then the railroad may be liable. So an obstructed
view of the tracks becomes critical to any lawsuit.
Railroad defense lawyers must be well-versed in how trains and railroads
work, how crossing protection is designed, and how to a good case can
be ruined by an expert. It takes a combination of human factors expertise,
train handling expertise, as well as basic engineering skills. Having
an attorney with a focus in railroad litigation is critical in providing
you the financial compensation you deserve. The Doan Law Firm is available
to answer your phone call any time, day or night, at