Railroads are a major mode of public transport and are used to carry people as well as cargo. The United States is home to more than 500 railroads and this translates into close to 210,000 railroad crossings in the entire country. Unfortunately, a majority of railroad crossings are unprotected and these places are responsible for more than 50 percent of the railroad accidents.
Railroads are a major mode of public transport and are used to carry people as well as cargo. The United States is home to more than 500 railroads and this translates into close to 210,000 railroad crossings in the entire country. Unfortunately, a majority of railroad crossings are unprotected and these places are responsible for more than 50 percent of the railroad accidents.
Railroad Crossing Accidents: What the Data Shows
In 2019, as many as 900 persons met with a tragic end in railroad crossing accidents. The National Safety Council reports that fatalities at railroad crossings are at an all-time high compared to the past 13 years. According to the National Highway and Transportation Safety Administration reports for 2019, the probability of a motorist dying in a collision with a train is 20 times greater than with any other vehicle.
While there can be many different factors responsible for a railroad crossing accident in New York City, the most common one is human error and lack of warning devices.
Types of Railroad Crossings
The term railroad crossing refers to any point where the roadways intersect with a railroad. Such crossing points can be of two types – protected and unprotected.
A protected crossing is one that has sufficient warning systems such as gates and lights to indicate the presence of the crossing. Only around 20 percent of the railroad crossings in the United States are of this type.
An unprotected crossing, also known as a passive crossing, is one that has no warning indicators beyond a railroad crossing sign. Most railroad crossings in the United States are of the passive type.
According to statistics from the National Transportation Safety Board, more than 50 percent of fatal railroad crashes occur at passive crossings. This is a clear indication that the use of warning indicators plays a major role in averting railroad crossing accidents.
What are the Most Common Causes of NY Railroad Crossing Accidents?
Railroad crossing accidents in New York City are a devastating experience that can leave several persons dead or severely injured. Understanding the most common causes of these accidents can help us take actions to prevent them.
Train Driver Error
A train driver who does not drive in a responsible manner is probably the most important factor responsible for railroad crossing accidents. Drivers who are under the influence of alcohol or drugs pose a huge danger to the safety of everyone in the train and on the road. Train operators who speed to make up time, or those who are distracted and not paying enough attention to the tracks are often the cause of severe accidents.
Lack of Warning Signals
Crossing gates that have sound alarms and flashing lights to indicate the passing of a train are less likely to witness railroad crossing collisions. The presence of gates that lower when the train is passing is also an important safety feature. A crossing gate that is not fitted with these warning signals and crossing gates or one that has faulty warning signals is more likely to invite a railroad collision.
Mechanical Malfunction
A train is a complex machine with several moving parts working in intricate coordination. A failure of any single part can cause problems in the train’s functioning and lead to a collision. Although not very common, it is possible that the malfunction of an important safety or guidance equipment such as a rail signal or a rail switch may lead to a ghastly collision.
Presence of Obstructions at the Crossing
An automobile driver or bicyclist is more likely to run into an oncoming train if there are obstructions near the railroad crossing that hamper their vision. An overgrowth of trees or the presence of a parked train can obstruct the vision of the motorists on the road and when they attempt to cross without noticing an oncoming train, the result is a catastrophic crash.
Reckless Driving by Motorists
Some railroad crossing accidents are caused when a reckless motorist tries to beat the train despite having noticed its presence. The motorist’s miscalculation of the distance to be covered in the few seconds that are available can lead to a collision. Trains move at a particular speed and it is very difficult for a train driver to come to a sudden stop despite having noticed an obstruction on the tracks.
Who is Liable for a Railroad Crossing Accident in New York?
Liability in a New York railroad crossing accident is decided based on the cause of the crash. In most cases, one or more of the following parties may be considered liable:
- The company who operates the train because it is their responsibility to ensure that the train is being driven at a safe speed under the control of the train driver and operating staff.
- The entity that owns the railroad track because they are responsible to maintain the tracks in a good and undamaged condition.
- The government of the city or county where the railroad crossing is located because it is their job to ensure that crossing gates are erected and sufficient warning signals are available to alert motorists and pedestrians about an oncoming train.
Tips to Prevent New York Railroad Crossing Accidents
While it may be difficult to predict train accidents that arise from mechanical failure or due to faulty warning signals, the accidents caused by human error can definitely be prevented. Here are a few tips for motorists, pedestrians, and bicyclists on how to avoid being injured in an NYC railroad crossing accident.
- Remember that a railroad crossing is a high-danger zone, especially if it is not equipped with gates and warning lights. Always slow down when you reach such a crossing.
- As soon as you observe a sign that indicates a railroad crossing, reduce your speed. Watch the situation around you, listen to what’s happening and only cross when you are sure that there is no train imminent on the tracks.
- If you arrive at a railroad crossing fitted with warning lights, pay attention to them to know when it is right to move. Never enter a crossing where the red light is flashing. Wait for the flashing to stop before you start moving across the train track.
- Most trains extend around 1 meter beyond the tracks on either side. Make sure your vehicle is far away from the tracks so that there is no chance of the train brushing against it.
- Stop your vehicle at a safe distance behind the barriers and wait until there is adequate space to clear the tracks.
- When you reach a level crossing fitted with a gate or barrier, stop your vehicle if the gate is down. Wait for it to rise before you begin to move.
- Never speed when driving on roads that intersect a railroad crossing. Being unable to stop in time to avoid a passing train could cause a devastating crash.
- If you notice a train moving along the tracks towards the point where you are located, always wait for it to pass before you begin to move. Our eyes can trick us about distances and the train may appear to be moving quite slowly. However, it is difficult to gauge the train’s speed at longer distances and an optical illusion can cause you to miscalculate it location. Besides, in case your vehicle develops a sudden snag as you cross the tracks, nothing can save you from being crushed by the oncoming train.
- In case you find yourself trapped on the tracks because of a mechanical failure in your car, immediately get out of the vehicle and move as far away from the tracks as you can to save your life. From afar, the train driver will not be able to see you if you wave and by the time they get close enough to see you, it will be too late to be able to stop the train.
Get in Touch with an Experienced Railroad Crossing Accident Lawyer in New York
Persons injured in a train crossing accident in New York are entitled by the law to receive general and special damages. Special damages refer to the losses caused due to:
- Expenditure on medical treatment and rehabilitation
- Loss of wages due to missing work
- Expenses incurred for home re-modeling to adapt to injuries resulting in physical handicap
General damages cover the losses due to non-economic factors such as mental anguish, pain and suffering and loss of enjoyment. The experienced railroad crossing accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you recover the compensation that is your rightful due after being injured in a train accident.
Whether your accident was caused due to the county’s failure to provide adequate warning systems, or due to error of the train driver, we can help you file a lawsuit and get damages for the losses you have sustained.
If you or a loved one has been injured in a New York railroad crossing accident, contact Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free review of your case.
