Open 24/7 - No Fees Unless We Win
Our Goal: Winning and Winning Big

Crossing Guard Or Warning Negligence

All crossings along public roadways are maintained by the railroad. That means the portion of the public between tracks and the cross ties on each side of the tracks is considered the railroad’s responsibility. Although there’s no specific legal definition of what constitutes obstructions at the sides of crossings, trackside vegetation, improvements and other visual distractions cannot interfere with the crew’s ability to run the train – or the public’s ability to see one coming.

Digging a ditch, repairing a portion of track, clearing brush, constructing new siding –even if by an agent of the railroad — may be considered a liability over which the railroad maintained responsibility. Any and all work done on a line must be completed with safety of motorists and the general public in mind.

The railroad also has a responsibility to maintain overpasses, underpasses and low clearance areas of other vehicles. So, in cases where a sharp hump exists in the crossing that can affect a trucker, signage at the crossing is required.

As for crossing lights and gates, it is typically a state agency that oversees train guards, but they’re typically then overseen by federal regulations. If federal funds are at all used in the installation of the devices, the railroads are then compelled to follow exact federal specifications. And if there is an accident, those regulation will be front-and-center. And even if the crossing protection was working properly, the railroad has a duty to maintain the gates.

And even in the case of crossing across private land, they are still deemed to be public crossings. So even though gates are not always required, the railroad often still has a liability should there be an accident. And should another individual work on the track without railroad supervision so that it interferes with safety, the railroad is still liable.

The causes of failure and the types of railroad negligence vary. Having an attorney with a focus in railroad litigation is critical in providing you the opportunity to get the financial compensation you deserve. The Doan Law Firm can assist in determining damages owed you for a railroad accident. The Doan Law Firm knows that train accidents don’t wait for daylight hours to happen. So we’re available to answer your phone call any time, day or night, at (800) 349-0000.

What Sets Us Apart From Other Firms?

  • We Respond to Texts, Emails, Calls Within 1 Hour

  • Virtual Consultations, Online Chat & Video Conferencing Available

  • Quick Response Time, Fast Service

  • Se Habla Espanol

  • Open, Honest & Upfront

  • No Fee Owed Unless We Win

  • We Utilize the Latest Technology

  • National Personal Injury Law Firm

Our No Fee Promise

  • Totally Free Case Evaluation
  • We Will Advance all Case Costs, Which Include Hiring Investigators and Medical Field Experts.
  • No Fees, Unless We Win

Contact an Experienced Personal Injury Lawyer

  1. After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.
Submit Your Information For Our Lawyer to Contact You Within 1 Hour For a Free Case Evaluation.
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.