Who is legally responsible for collisions between trains and motor vehicles?

An investigation shortly after the accident by an accident reconstructionist will usually reveal facts that support liability determination.

Every year in the United States there are thousands of collisions between trains and motor vehicles. Usually, the driver of the motor vehicle does not survive. If the crossing is controlled by an automatic signal, the train will typically have the right of way. However, most crossings are not controlled by an automatic signal. If the collision occurs at a crossing without an automatic signal, an accident reconstructionist will need to be retained to investigate the facts surrounding the collision. As with airplanes, trains are required to have an event data recorder or “black box.” The recorder will document the speed of the train at impact, whether the brakes were applied, whether the horn was sounded, and may visually depict the collision. Trains are required to travel at posted speed limits, and their speeds can be further reduced by operational speed limits set by track volume. The train engineer is required to sound the horn at each crossing. In addition, the crossing must be free of obstructions for 1,500 feet in each direction within the railroad’s legal right of way. Violations of any of these rules will usually impose liability on the railroad.