What You Need to Know

• Frequency of Accidents

  Some statistics of train accidents include:

  • There are approximately 3,000 train crashes every year.
  • Train passengers have a fatality risk that is 30 times higher than automobile drivers and passengers.
  • Children under the age of 16 accounts for almost 35 percent of all railway crossing accidents injury victims.
  • Approximately 60 percent of all railroad crossing deaths take place at unprotected crossings.
  • Approximately 80 percent of all public railroad crossings do not have lights or railroad safety gates.
• Railroad Company Responsibilities

  Railroad companies are held to very strict safety standards, especially when it comes to railroad crossings. There are over 250,000 railroad crossings throughout the United States.

  Railroad companies have the duty to give adequate warning when approaching and passing through a railroad crossing. In accordance with federal law, all trains must be equipped with headlights of a specified brightness (and have them turned on) and horns of a specific loudness standard. State laws usually specify that the train’s horn must be sounded when approaching and crossing any railroad crossing.

  If adequate warnings are not provided to drivers and pedestrians, and injury or death occurs, they can be found liable for such injuries or fatalities.

• Safety Features at Crossings

  Although railroad companies are responsible for providing a warning when crossing, they are not responsible for the safety features in place at a crossing.

  Any alarms, bells, lights or barriers are put in place by federal law. They are managed on a federal level, which means if the safety features are not working or are simply not installed at a certain intersection, the railroad company cannot be held liable for your injuries. Although, you still have the right to hold any responsible parties accountable for your injuries or fatalities.