Eastern Railroad Discussion > RR Xing accidents and RRs

In one of the latest at-grade vehicle crossings a passenger train was derailed and many of the RR passengers (88) were hurt. The crossing was on private property and therefore had no public warning devices of any kind. The driver of the vehicle (a truck) was killed and one truck passenger critically hurt. The truckdriver, as reported by the rr Engineer; simply, slowly and without stopping, attempted to cross the tracks in front of the train. The Engineer reports that he blew for the approaching truck.

Although trains are big physically compared to trucks, although railroads are thought to have bottomless pockets compared to individuals, although rrs are hesitant to cause themselves notariety and although the truck driver is dead.......the truckdriver and the company he worked for are responsible in this case, case for the hospitalization of 88 people and millions of dollars of physical as well as public-relations damages and liability costs for the rr entities involved. This is to not even broach the subject of the emotional impact caused to all who have to deal with the after-math of such events (T&E most of all).

Perhaps it is time for a part of "Operation Life Saver" to include the indication of the potential for agressive litigation on the part of railroads towards non-railroad parties responsible for death and destruction at at-grade rr crosssings and elsewhere. Perhaps this would enhance the perception of railroads, railroad safety, and the dangers as well as the liability of at-grade rr crossings for the general public. In today's society perhaps it is the victory in the court that is best understood.

Doug

Has any railroad ever sued the responsible party for such an accident?
If not they are probably unlikely to start now. The publicity from such a suit would probably be a public relations nightmare. However, if you were to cause a large chain reaction accident on the highway I'm sure everyone else involved would want a piece of your hide.

You bet they go after those who cause a derailment. They aren't "not-for-profit" organizations, after all.

Assuming the driver was a fault, they will first go after any insurance that the driver might have, then after insurance from the driver's employer, if he was on duty, then the truck's owner and trailer owner. After that, the driver's personal assets, and the assets of the employer.

It may sound somewhat cold hearted, but that's the way the liability laws in the US work, and the railroad is only trying to make itself whole again. You bet that the opposite is also true, if the railroad company is found at fault.

Wasn't there a post here a while back where in some other country, the person responsible (i.e. trespasser, motorist, etc) was billed for the cost -- or maybe prosecuted for an offense?

Sounds familiar -- I have wondered about this. A volunteer organization I work for was involved in a grade crossing collision a couple of years ago. A motorist ran into the side of our train at a major road crossing, albeit with no warning devices. The crossing was flagged (with fusees) until the loco occupied the crossing where the flagger boarded the train. While the damage to our historic boxcar was minor, the vehicle was demolished & injured the occupants badly. The drivers insurance covered his expenses, but the railroad was awarded nothing. I couldn't quite figure that out.