Department of Transportation Link:

http://www.dot.gov/

Federal Railroad Administration:

http://www.fra.dot.gov/us/legislation

There is such an extensive amount of litigation around railroads that we are only providing a small amount of information for you to review.The history and legislative principles behind much of this litigation dates back over a 100 years.Many people are seriously injured or killed as a result of a railroad accident each year.The Federal Government heavily regulates this industry and has created a great deal of safety legislation which can be viewed on the above Federal Railroad Administration link.The Federal Railroad Administration is an agency of the U.S. Department of Transportation.The Department of Transportation has a great deal of authority of public railroads, including public railroad-highway crossings.

Railroad Crossings

Railroad negligence may be the cause of injury at a railroad crossing.There are thousands of railroad crossings in theU.S., and many are not gated.Injuries resulting at theses crossings may be due to railroad negligence.

The Department of Transportation has the authority to issue the required permits for opening and closing a railroad crossing.However, many railroad companies are required to maintain a public railroad crossing at their own expense and may be sued when these crossings are inadequately cared for.

When a railroad company’s track crosses a highway, it is required by law to exercise reasonable care for the safety of other vehicles.For example, inFlorida, a train that is within 1,500 feet of a public railroad-highway grade crossing must send out an audible warning signal. When a railroad crossing is in an area were the potential harm is greater, then the standard of reasonable care is elevated.In other words, a railroad company may be required to take extra safety precautions in a highly populated area.

Railroad Collisions

A railroad collision usually results in serious injury or death and may occur in different ways.Trains may collide with automobiles, trucks or other trains.These accidents may be due to the negligence of the railroad company.

A railroad company is required to take certain safety precautions outlined by the Federal Railroad Administration.A railroad company may be negligent by failing to adhere to these regulations. Additionally, if a collision occurred because of a train’s excessive speed or a mechanical failure that could have been prevented, the company has breached its duty of care.

Damages

A person involved in a railroad accident may be entitled to a significant amount of damages, depending on several factors related to the immediate cause of the accident.