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In a highway-rail grade crossing, there are three elements found which are also present in a highway intersection: the motorist, the vehicles, and the physical intersection. The motorist is also expected to obey rules of the road, traffic laws, and traffic control devices in order to avoid any collision with the oncoming train.
Railroad engineers take into consideration the capabilities, limitations, needs, and obligations of drivers during the planning, designing and installing traffic control systems at railroad grade crossings. This will help the motorists in meeting their responsibilities when approaching the crossing.
When a warning is given at a public grade crossing by means of a flag person, crossing gates, or automatic signal, the motorist must stop within fifty feet but not less than fifteen feet from the nearest rail. The motorist shall do so and not traverse the crossing while a human flagman continues to give a signal of the approach or passage of a train or while the crossing gate is being lowered. When the motorist is given the signal that it is safe to proceed, he or she must not shift gears while crossing the tracks.
Motorists bear most of the responsibility for avoiding train accidents. If you or a loved one sustained personal injury due to a train accident, and you believe the railroad company is liable for all the damages and/or losses you have incurred, it is best to contact an experienced accident lawyer immediately. Oliver Law, founded by Jami S. Oliver, can help you determine if you have the right to claim for compensation.
Call 614-220-9100 to schedule an appointment.