Involved in a Car Accident At a Railroad Crossing? The Train’s Owner May Be to Blame

While there are many potential causes of car accidents, one such cause that can result in devastating property damage and injuries is when a train strikes a motor vehicle. This often occurs where railroad tracks cross a highway. There are hundreds of thousands of these crossings located all across the country. When a car crossing the railroad tracks is struck by a train, there are many potential parties that may be liable. This includes the company that owns the train.

5 Duties of a Train Owner to Avoid an Accident

Like other vehicle owners and drivers, railroad companies have a duty to ensure that their trains are operated in a safe and prudent manner. Other duties of the railroad company operating the train include the following:

  1. Proper training of the people in charge of operating the train. This includes the engineer and the conductor.
  2. Ensuring the train is operating within the speed limit.
  3. Making sure the train’s crew makes proper use of the train’s warning whistle or horn. The whistle or horn must be used as the train approaches each railroad crossing.
  4. Ensuring the train crew gets adequate rest and does not use drugs or alcohol while operating the train.
  5. Properly maintaining the train.

If the company fails to fulfill these duties, it may be held liable if a car accident occurs due to a collision with one of the company’s trains.

After a car accident, it is important to seek legal guidance. Your attorney can help you assess the potentially-liable parties as well as protect your legal rights. We encourage you to check out our free book, 7 Biggest Mistakes That Can Ruin Your California Injury Case, for more information about what to do after a crash.

Peter Steinberg
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Los Angeles Personal Injury Attorney Since 1982
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