Railroad crossings present dangers for commercial trucks for many reasons. Crossing conditions, truck size and maneuverability, traffic conditions and driver expertise play major roles in safety risks. The truck driver may or may not be at fault, and determining the cause can be complex. That is why a truck accident lawyer plays a major role in evaluating the accident scene, the driver’s qualifications and other factors.
Risks by the Numbers
The risks of railroad crossings are real. Federal statistics report the following.
- There are over 250,000 highway-rail grade crossings in the U.S. These are crossings where the railroad tracks and road are on the same level.
- Each year, there are over 2,000 collisions and 200 fatalities at highway-rail grade crossings.
- Commercial trucks, semi-trucks and tractor-trailers account for over 500 of the incidents or about 25%.
- Approximately 2% of all fatal railroad crossing incidents are due to collisions between trains and heavy trucks.
- Approximately 54% of railroad crossings use flashing lights, gates or bells as active warning devices, and the rest rely on pavement markings and signs.
Identifying the Risks
Railroad crossings pose risks because of their physical design and drivers’ failure to follow safe crossing procedures. In some cases, drivers are caught in situations they did not create. The bottom line is that accidents occur when commercial truck drivers fail to cross and clear the tracks safely.
Among the quarter of a million highway-rail grade crossings are various railroad configurations. For example, “hump” crossings have the rail line sit higher than the ground it is built on. The truck must go up a slope to cross. Tractor trailers that have a long wheelbase or a step-deck can get high-centered on the track. This places the trailer in direct danger of getting hit by a train.
A trailer can also get stuck on a steep grade crossing if the trailer’s retractable support system is not fully cranked up. The landing gear can catch on the rails, immobilizing the truck and trailer.
Although railroad crossings can create unique risks, the truck driver should know how to manage them. Typical commercial truck design creates a different set of risks that commercial driver expertise can best manage.
Commercial trucks and trucks with trailers have a longer response time than other vehicles. The truck takes longer to come to a complete stop and longer to clear the tracks when moving or from a dead stop. A train going 60 miles per hour takes at least a mile to stop. A truck driver who miscalculates stopping or crossing timing risks being hit on the side by a moving train. The same is true if the truck driver needs to avoid a hazard that forces evasive action.
Another miscalculation involves the width of the locomotive and railcar. Train railcars and locomotives are about three feet wider than the steel rails. If a truck or trailer does not leave enough room for the train car’s width, the train will hit it. NHTSA rules require drivers to stop 15 feet from the tracks or the lowered gate and flashing red lights.
Some risks come from driver behavior. For example, federal rules prohibit truck drivers from shifting gears while crossing the tracks. If a driver misses a shift, the engine can stall. A well-trained commercial truck driver knows this.
Another driver mistake is attempting to cross the rails when traffic on the other side doesn’t leave enough clearance to clear the tracks fully. The federal Safe Clearance Rule forbids trucks from entering a railroad crossing unless there is enough room on the other side to clear the tracks completely. Sometimes a trailer is still on the tracks when a traffic light changes to red and a train is headed for the crossing. Commercial trucks and trucks with trailers must not get trapped in traffic, making it impossible to clear the crossing.
There have been cases where a truck driver tried to beat a railroad crossing gate as it lowered. Related is a truck driver misjudging a train’s speed. Whether or not there is a crossing gate or flashing lights, the truck driver may see or hear the train coming and try to cross the tracks instead of stopping.
Passenger vehicles may also cause accidents by not giving commercial trucks enough room to maneuver. For example, a commercial truck loaded with hazardous materials must legally stop at all railroad crossings. If a passenger car does not expect the truck to stop and is not paying enough attention, the driver may rear-end the truck or trailer. This is most likely to happen at rural, poorly lit or poorly marked railroad crossings.
Rural railroad crossings normally do not have flashing lights or gates. Passive signs and yield markers are the only warnings. It is tempting for a truck driver to get complacent and not look for a train.
Complexity of the Laws
Incidents have occurred in which guardrails failed to drop, warning lights failed to flash or a crossing lacked signage. In any railroad crossing incident, liability is always in question. Sometimes it may be clear that the truck driver was negligent or that the railroad crossing poses a safety risk. However, it is seldom that simple.
The truck driver, the truck driver’s company, the federal government, a state agency or even a passenger vehicle driver driving recklessly may be liable. Many factors can elevate the normal risks of railroad crossings. A railroad crossing may be poorly maintained, the signage may have fallen over, or the hump crossing may be unsafe. Private railroad crossings are also subject to a private crossing agreement signed by the railroad and the landowner. Many situations involve shared liability. Adding complexity to cases occurs when issues like workers’ compensation are also considered.
A truck accident lawyer experienced in incidents involving trucks and railroad crossings is an important resource for sorting through what is usually a complex situation. Operating a commercial truck or truck and trailer is a difficult job that comes with significant responsibility. The unique risks of railroad crossings add even more challenges to staying safe. For attorneys looking for help with a complex truck accident claim, Academy of Truck Accident Attorneys can be an excellent organization to join and request assistance from.