Who Is Liable in a Railroad Crossing Accident in Alvin?

The cause of accidents at railroad crossings in Alvin is not always certain, but one thing that is certain is that the big transportation companies involved will work hard to deny liability even when it is clearly their fault. That means it is important to start collecting evidence that relates to liability as soon as possible. Anything incriminating may quickly disappear.

At DeKeyzer Law, we know that railroad crossing accidents often result in serious injury or death and that when you’re fighting to rebuild your life, the last thing you want to do is comb through the accident site for evidence. When you work with an experienced personal injury lawyer right after an accident, your legal advocate can work to locate and preserve evidence and handle questions from investigators while you focus on healing.

Evidence is the key to determining who is liable for a railroad crossing accident. To prove that you are entitled to compensation, you need to show that the railroad company or another party acted negligently. In this post, we take a look at how negligence leads to liability for a railroad crossing accident in Alvin.

Liability Hinges on a Duty Owed to Others

In most accident cases, including car and truck accidents, liability hinges on the duty of responsibility owed to others, and railroad accident cases are no exception. For instance, drivers owe a duty to others to follow the rules of the road. Those who operate trains and maintain railroad facilities owe quite a number of duties to others. They must follow federal safety laws as well as laws imposed by the state of Texas.

In addition, because the railroad tracks belong to railroad companies, they could potentially owe certain duties to the public under the theory of premises liability. The same duty of care is not owed everywhere along the tracks, but at crossings, the public is essentially invited to cross the railroad company’s property, so there is a duty to keep it reasonably safe for guests. If the property where the crossing is located is not owned by a railroad company, then the owner of the land would owe certain duties to keep the crossing safe for the public.

Negligence is Usually the Basis for Liability

When someone deliberately sets out to cause harm to another person, they are obviously going to be liable for any harm that actually comes to that person. In most cases where liability is assessed for an injury, however, the harm occurs by accident. No one was intentionally trying to hurt another, and yet injuries occurred because someone was negligent. In basic terms, this means that they did something they shouldn’t have done or failed to do something they ought to have done, and their irresponsible behavior was the cause of the accident.  

To determine who is liable for a railroad crossing accident in Alvin, you need to consider what duties were owed to the person hurt at the crossing, whether those duties were fulfilled, and if not, how the lack of responsibility may have caused the accident. In many cases, more than one person may have behaved negligently.

As an example, a court may determine that three factors caused a railroad crossing accident. Then, they would assign a percentage of causation to each factor to assess liability. The railroad operator might be liable for failing to blow the whistle at the right distance from the intersection, the property owner might be liable for allowing plants to block the signs warning of the crossing, and the driver hit by the train might be liable for failing to look closely enough before crossing. As long as the driver’s fault did not account for 51% or more of the fault for causing the accident, they can still recover from the other responsible parties for a share of their losses.

Duties of Railroad Companies

Federal laws, as well as Texas laws, impose certain requirements on railroad companies, and the list is too long to delve into here, so we will just cover some examples.

• Railroad companies are obligated to provide “adequate warning” when a train is approaching
• Because railroad crossings are inherently dangerous, railroad companies must put up at least one signing warning of the need to watch out for trains
• When a crossing is considered “extra-hazardous,” then companies have a duty to take “extra safety measures”
• Railroad companies are supposed to configure the crossing so that the grade is not too steep and vehicles can cross safely

Many of these obligations are vague and can be interpreted differently depending on the circumstances. For instance, since all crossings are hazardous by nature, when do they become “extra-hazardous?” And when they reach that level of danger, how much needs to be done to satisfy the obligation to keep people safe? A skilled injury attorney will use the vague phrases in the statutes and legal precedent to make arguments imposing liability on the railroad.   

Duties of Property Owners

Under the theories of premises liability, a property owner has certain obligations to keep people on the property safe, but the obligations are different depending on the reason that people are on the property. If someone is trespassing, the owner doesn’t usually have much duty to see to their safety, although the owner could be held liable if the owner deliberately set up a trap to cause harm. 

On the other hand, when the property owner encourages people to come onto the property for the owner’s benefit, such as when a store owner puts up an “open” sign in the window to draw in shoppers, then the owner has a duty to take certain steps to protect those shoppers from dangers on the property.

Someone driving through a railroad crossing falls into a category somewhere in between. They are allowed on the property, so they aren’t trespassing, but their presence isn’t encouraged by the owner—they are merely allowed on the property. If the owner knows of a dangerous condition that the person entering the property may not be aware of, then the owner has a duty to use “ordinary care” to warn about the danger or make the premises safe. This could include putting up signs and ensuring that the crossing is not obscured by overgrown trees or brush.

DeKezyer Law Works to Hold Railroads and Property Owners Liable for Crossing Accidents

Liability is a complicated issue in any accident case, but the additional laws and potentially liable parties in a railroad collision make these cases extraordinarily complex. Victims need an attorney who is prepared to manage the challenges and stand up to corporate interests if they want to get fair compensation for their losses through a personal injury suit or wrongful death claim.

Holland and Meagan DeKeyzer have dedicated their practice to fighting for the rights of accident victims in and around Alvin, and they have a reputation for cutting through red tape to force big companies to listen and respect their clients. If you or a loved one were injured in a railroad accident, contact our team now for a free consultation to find out how we can help you get the justice you deserve.