At Bautista LeRoy LLC, we understand the devastating consequences that can result from accidents at dangerous railroad grade crossings. These incidents often involve high-speed collisions between trains and vehicles or pedestrians, leading to catastrophic injuries or fatalities. Our firm is committed to holding negligent railroads, municipalities, and property owners accountable when safety failures at grade crossings harm the public. With decades of experience in personal injury and railroad law, our attorneys fight tirelessly to obtain justice and full compensation for victims and their families.
What Are Railroad Grade Crossings?
Railroad grade crossings are intersections where a railway line crosses a road or path at the same level, rather than using a bridge or tunnel. While thousands of these crossings exist across the country, many lack adequate safety features such as warning lights, gates, clear sight lines, or proper signage. According to the Federal Railroad Administration (FRA), hundreds of people are killed and thousands more injured every year in grade crossing accidents—many of which are preventable.
Common Causes of Railroad Grade Crossing Accidents
Collisions at railroad crossings typically occur due to a combination of factors, often involving negligence by the railroad company or poor infrastructure maintenance. Common causes include:
-
Lack of warning devices: Many crossings have only passive warnings such as crossbucks or stop signs, rather than active signals or gates.
-
Malfunctioning signals or gates: If lights fail to flash or gates fail to deploy properly, drivers may cross unaware of an oncoming train.
-
Obstructed views: Overgrown vegetation on the railroad's right-of-ways next to the tracks, signage, or poorly designed approaches can block a driver's view of approaching trains.
-
Train operator negligence: Excessive speed and failure to brake or decelerate the train, failure to use the train horn, or failure to keep a careful lookout for other vehicles and observe operational protocols can lead to collisions.
-
Municipal negligence: Local governments may be responsible for poor roadway maintenance near crossings, such as potholes or inadequate lighting.
-
Inadequate warning time: Warning devices at the crossing may activate too slowly, giving motorists insufficient time to react.
When these dangers are present, both the railroad and other entities responsible for the roadway or crossing infrastructure may be liable for resulting injuries.
Common Causes for Train Derailments
In addition to grade crossing accidents, train derailments present another grave danger to motorists, passengers, and nearby communities. A derailment occurs when a train leaves its tracks, often leading to large-scale destruction, hazardous material spills, and mass injuries. Victims may include vehicle drivers, pedestrians, railroad employees, and bystanders in surrounding areas. Common causes for derailments include:
-
Track defects or poor maintenance: Cracked rails, misaligned switches, or worn-out fasteners are leading contributors to derailments.
-
Operator error: Excessive speed, inattentiveness, or failure to follow safety protocols can cause trains to derail on curves or near crossings.
-
Mechanical failure: Brake failure, axle defects, or improperly secured loads can destabilize a train in motion.
-
Obstructions on the tracks: Vehicles, fallen trees, or debris left on the rails can force a train off the tracks.
-
Signal system failures: Miscommunications or electrical faults in automated signal systems may lead to derailments at crossings or switching stations.
-
Improper loading of freight cars: Unbalanced or overloaded rail cars can create instability, especially when navigating curves or inclines.
Train derailments often involve overlapping liability between the railroad operator, maintenance contractors, and equipment manufacturers. A recent example is the derailment on June 27, 2022 near Mendon, Missouri, about 100 miles northeast of Kansas City, involving an Amtrak train. The derailment resulted in four fatalities, including three passengers and the dump truck driver, and injuries to more than 140 passengers. Bautista LeRoy LLC conducts thorough investigations in derailment cases to identify all responsible parties and seek full compensation for those affected.
Legal Responsibility at Railroad Crossings
Railroads and municipalities have a legal duty to ensure that grade crossings are reasonably safe for public use. This includes installing and maintaining adequate warning devices, ensuring clear sightlines, and complying with federal and state safety regulations and industry standards such as the Manual on Uniform Traffic Control Devices ("MUTCD") and the Manual for Railway Engineering by the American Railway Engineering and Maintenance-of-Way Association ("AREMA"). Under both common law and regulatory frameworks, failure to meet these duties can amount to negligence.
Victims of railroad crossing accidents may be entitled to compensation under several legal theories, including:
-
Negligence by the railroad: For failing to maintain safe crossings, operating unsafely, or failing to follow applicable regulations.
-
Negligent design or maintenance: Claims against municipalities or third-party contractors responsible for unsafe road approaches.
-
Product liability: If crossing signals or gates were defective and failed to operate properly.
-
Wrongful death: Claims brought by family members on behalf of individuals killed in grade crossing accidents.
At Bautista LeRoy LLC, we thoroughly investigate each crossing accident to determine all liable parties and build a strong case for maximum recovery.
Who Can Be Held Liable?
Depending on the circumstances, multiple parties may be responsible for a grade crossing accident:
-
Railroad companies for failing to maintain signals, gates, or rights-of-way.
-
State and local governments for failure to ensure roadway safety and visibility.
-
Signal manufacturers or contractors if a defective system contributed to the accident.
-
Train operators for reckless or negligent behavior at the time of the crash.
Our legal team is experienced in identifying all potential defendants and pursuing comprehensive claims that account for the full scope of a client's injuries and losses.
Types of Injuries and Damages
Due to the size and speed of trains, accidents at railroad crossings often result in serious, life-altering injuries or death. Victims may suffer:
-
Traumatic brain injuries
-
Spinal cord injuries or paralysis
-
Multiple fractures
-
Amputations
-
Severe burns or disfigurement
-
Wrongful death
Damages that may be recovered in a personal injury or wrongful death claim include:
-
Medical expenses (past and future)
-
Lost wages and loss of earning capacity
-
Pain and suffering
-
Loss of consortium
-
Funeral and burial costs (in wrongful death cases)
-
Punitive damages (in cases of gross negligence or recklessness)
Why Choose Bautista LeRoy LLC?
Our firm brings a unique combination of experience in both personal injury and railroad law. We are well-versed in the regulations governing train operations, federal and state crossing standards, and the evidence needed to establish fault in complex transportation cases. We work with accident reconstruction experts, engineers, and medical professionals to build compelling cases and maximize our clients' recovery.
Our attorneys are relentless in negotiating settlements and, when necessary, litigating cases in court to ensure accountability and justice. We are proud to stand with victims of dangerous grade crossings and fight for safer rail infrastructure across Missouri, Kansas, Illinois, and beyond.