At Bautista LeRoy LLC, we understand that railroad grade crossing accidents and train derailments can lead to devastating consequences. These incidents often cause severe injuries and fatalities due to the size and speed of trains. Our law firm helps victims of these accidents hold every liable party accountable. Whether it is the railroads, municipalities, or property owners, we investigate each case thoroughly so that any negligent party would be brought to justice. Our attorneys have decades of experience in railroad law and personal injury. We will fight fiercely to help victims and their families obtain maximum compensation to give them the best resources for their recovery.
Call us at 479-208-6614 or visit our Contact Us page to schedule a consultation.
What Are Railroad Grade Crossings?
Railroad grade crossings are intersections where a roadway crosses a railway line at the same level. There are thousands of these types of crossings all over the country. However, there are still many railroad grade crossings that do not have adequate safety features like warning lights or proper signage. According to the Federal Railroad Administration (FRA), every year thousands of people sustain injuries and hundreds die in highway-rail grade crossing accidents.
Common Causes of Railroad Grade Crossing Accidents
There are several factors that may cause collisions at railroad crossings. Most often it is due to negligence by the railroad company or poor infrastructure maintenance. Common causes include:
- Lack of warning devices: Many crossings do not have active signals or gates and have only passive warnings such as stop signs or crossbucks.
- Defective signals or gates: If lights fail to flash or gates fail to deploy properly, drivers may cross not knowing there is an approaching train.
- Obstructive View: Overgrown vegetation next to the train tracks or poorly designed approaches can block a driver's view of oncoming trains.
- Operator Negligence: Failure to use the train horn, excessive speed, or failure to observe operational protocol can lead to collision.
- Municipal negligence: Local governments responsible for road maintenance may be held accountable for inadequate lighting or potholes near the crossing.
- Inadequate warning time: Warning devices at the crossing that activates too slowly leads to motorists not having enough time to react.
When any of these dangerous factors are present, all parties responsible for the roadway or crossing infrastructure may be held responsible for any resulting injuries.
Common Causes for Train Derailments
Train derailments also pose another danger to motorists, passengers, and bystanders in the area. A derailment often ends up in mass injuries, fatalities, and large-scale destruction. Common causes that may lead to derailments include:
- Track defects: The leading cause of derailments are defective tracks caused by poor maintenance such as misaligned switches and cracked rails.
- Operator error: Inattentiveness or failure to follow safety protocols can cause trains to derail near crossings.
- Mechanical failure: Axle defects and brake failure can cause instability to a moving train.
- Track obstructions: Fallen trees, vehicles, or debris left on the rails can derail a train.
- Signal system failures: Electrical faults in automated signal systems or miscommunications can lead to derailments at crossings or switching stations.
- Improper loading of freight cars: Overloaded or unbalanced rail cars can create instability when a train navigates inclines or curves.
When train derailments occur, there are likely multiple parties are responsible for the cause of the incident. The liability can overlap between the railroad operator, maintenance contractors, and equipment manufacturers. A recent example of a derailment that involved an Amtrak train happened on June 27, 2022. It took place near Mendon, Missouri, about 100 miles northeast of Kansas City. The incident resulted in four fatalities which include three passengers and the dump truck driver. It also caused injuries to more than 140 passengers. In cases like this, Bautista LeRoy LLC conducts thorough investigations to identify all liable parties and seek maximum compensation for affected victims.
Legal Responsibility at Railroad Crossings
Railroads and municipalities have a legal responsibility in making sure that grade crossings are reasonably safe for public use. An example of this includes the installation and maintenance of warning devices. Also, complying with federal and state safety regulations and industry standards such as the Manual on Uniform Traffic Control Devices ("MUTCD") and the Manual for Railway Engineering by the American Railway Engineering and Maintenance-of-Way Association ("AREMA"). Under both common law and regulatory frameworks, failure to comply with these duties can be called negligence.
Railroad crossing accident victims may file a claim for compensation under several legal theories, including:
- Negligence by the railroad: Failure to maintain safe crossings, operate unsafely, or failure to follow applicable regulations.
- Negligent design or maintenance: Claims against municipalities or third-partiesparty parties responsible for unsafe road approaches.
- Product liability: If gates or crossing signals failed to operate properly.
- Wrongful death: Claims brought by family members if a loved one died in a railroad grade crossing accident.
At Bautista LeRoy LLC, we thoroughly investigate each crossing accident to hold all liable parties accountable and build a strong case to help victims receive maximum compensation for their recovery.
Who Can Be Held Liable?
Depending on the circumstances of the grade crossing accident, several parties may be held liable:
- Railroad companies for failing to maintain gates, signals, or rights-of-way.
- State and local governments for failure to provide roadway safety and proper visibility.
- Signal manufacturers or contractors if a defective system played a role in the accident.
- Train operators for reckless or negligent behavior when the accident happened.
Our legal team is knowledgeable in identifying all potential defendants and pursuing comprehensive claims that account for the full scope of a client's injuries and damages.
Types of Injuries and Damages
Due to the speed and size of trains, accidents at railroad crossings often cause serious, life-altering injuries or death. Victims may suffer:
- Traumatic brain injuries
- Spinal cord injuries or paralysis
- Multiple fractures
- Amputations
- Severe burns or disfigurement
- Wrongful death
Damages that may be recovered in a personal injury or wrongful death claim include:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of consortium
- Funeral and burial costs (in wrongful death cases)
- Punitive damages (in cases of gross negligence or recklessness)
Why Choose Bautista LeRoy LLC?
Our law firm has expertise in both personal injury and railroad law. We are deeply knowledgeable about the regulations governing train operations, federal and state crossing standards. We also have experience in handling complex transportation cases. We work with engineers, accident reconstruction experts, and medical professionals to build compelling cases and obtain full compensation for our clients.
Our attorneys work fiercely in negotiating settlements. When necessary, we litigate cases in court to obtain accountability and justice. We are proud to help and guide victims of dangerous grade crossings and fight for safer rail infrastructure across Arkansas, Kansas, Missouri, Illinois and beyond.
Call us at 479-208-6614 or visit our Contact Us page to schedule a consultation.
Summary
Railroad crossings and derailments are extremely dangerous as they can cause catastrophic accidents. Its aftermath can be disastrous, causing someone severe injuries and even death.
- Traumatic brain injuries
- Spinal cord injuries or paralysis
- Multiple fractures
- Amputations
- Severe burns or disfigurement
- Wrongful death
The legal team of Bautista LeRoy LLC offers its expertise in handling cases involving railroad crossings and derailments. Our goal is to help victims recover losses after the accident.
There can be multiple causes of railroad crossings and derailments. The most common one is negligence or human error. This can be risky for everyone on the road, even for passengers. Here are the most frequent causes:
- Malfunctioning gates or signals
- Obstructed views
- Operator mistakes
- Poor road maintenance
- Track defects
- Brake or axle failure
- Obstructed rails
- Improper loading
These types of cases can be challenging to handle due to multiple parties involved. That includes powerful companies that might also have a strong legal team to defend them. That is why having your own attorney can bring many advantages to your claim. The professionals from Bautista LeRoy LLC can handle the negotiations and guide you from the start of the process to its conclusion. Contact us through www.bautistaleroy-bentonville.com or call 479-208-6614.
Why are cases involving railroad crossings and derailments often complicated?
This case involves multiple people, including powerful companies and government entities. These claims often require an in-depth investigation and a strong legal team to recover losses and hold negligent parties accountable.
Are derailments caused by one mistake?
Many derailments were caused by several problems that had been piling up. This can happen when a company fails to address the issues right away or due to poor maintenance.
Who are the possible responsible parties for a railroad crossing collision and derailment?
This will heavily depend on the facts proven by the investigation. Possible defendants may include:
- Railroad company
- Train conductor or engineer
- Vehicle driver involved
- Local government agency
- Manufacturers
Can family members recover damages if they resulted in a fatal railroad accident?
Yes, the families of the deceased can file a wrongful death claim to seek compensation for funeral expenses, lost financial support and the loss of companionship.
Is it wiser to hire a railroad crossing accident attorney than to handle the case alone?
Yes, because as mentioned, it can turn into a complicated legal process. You might deal with powerful companies that have a legal team on their own to defend them. Plus, you might also face difficulties with insurance adjusters. An attorney can negotiate on your behalf, and if it is necessary, they can represent you in court.
