Understanding railroad crossing accidents requires a detailed knowledge of how railroads operate. Any such accident typically will result in reports being filed not only with the local police department but with the Federal Railroad Association and the National Transportation Safety Board. It is critical that those reports be obtained by the attorney that represents you in a railroad accident.
It is also important to obtain not only the name of the railroad but who owns, controls and has the right-of-way of the tracks but also who owns the property adjoining the tracks. The motor vehicle involved in the collision needs to be preserved for expert evaluation.
The determination of what standards may apply to the accident scene and to the operation of the crossing devices may be found in the Manual on Uniform Traffic Control Devices and also in the American Association of State Highway Officials’ Geometric Design Standards. The history of any prior crashes at this crossing can be typically discovered through a Freedom of Information Act request to the Federal Railroad Administration. That agency designates every crossing with an identification number which can be found on the crossbuck pole or on one of the warning devices at the crossing. That number will allow you to gain access to the history of any crashes at that crossing, federal funding that has been provided to that crossing and other historical information.
In handling a railroad crossing case it is important to retain the services of a surveyor for the purpose of surveying the area around the crash for a distance of probably a half mile.
Critical information that needs to be obtained from the railroad includes:
- history of any prior accidents or notices relating to that crossing
- operating instructions and manuals governing railroad employees
- any event recorder printouts
- any information relating to track profiles
- train braking system information
Contact Attorney Brien Roche for questions about your railroad accident case.
