State and federal laws necessitate railroad companies to set up required markings in accordance to the guidelines given to them. Furthermore, they are expected to comply with other laws set by the municipality where the crossings are located. For example, it is the responsibility of the train crew, particularly the carrier engineer, to blow the whistle according to its minimum loudness standard at the appropriate whistle post (which is about 1340 feet down the right of way from the crossing) in order to warn pedestrians or motorists that a train is approaching the crossing.
Failure to properly install the required markings, execute the warning whistle, or use the flasher signals can endanger train crew and passengers as well as motorists and pedestrians at the crossing. When this happens, railroad companies may become liable for any damage or injury resulting from their negligence.
State laws pertaining to duties and responsibilities of train crew as it approaches a public grade crossing differ from each other. Moreover, local governments may also set up additional rules and regulations as they deem essential for ensuring protection of all people involved. The first step to ensuring you or a loved one does not get involved in any type of train accident is that you should know exactly what the law requires in your area.
If you or a loved one has sustained personal injuries or incurred damages as a result of negligence of train crew or of the failure of the carrier to comply with regulations concerning its duties and responsibilities, then you might be entitled to some compensation. Let Oliver Law assist you in knowing your rights and legal options. Call 614-220-9100 to schedule an appointment.