Railroad Crossings
The Hershewe railroad accident law firm urges Oklahoma residents to be aware of their responsibilities at railroad grade crossings because most railroad accident fatalities and catastrophic injuries occur in highway-rail accidents, collisions of train engines with motor vehicles, bicyclists or pedestrians. Although these accidents are comparatively rare, they are far more likely to involve death than any other type of railroad incident.
In over 95% of Oklahoma railroad crossing accidents, the driver of the motor vehicle, the bicyclist or the pedestrian is found to be at fault. Drivers, cyclists and pedestrians are often impatient and risk their lives rather than wait the 30 seconds to two minutes it takes a train to clear an intersection. Sometimes, people are negligent. They see the warning and stop signs at railroad grade crossings, but they do not respect the potential danger a train poses. They do not stop, look or listen.
If you suffer a devastating injury or lose a loved one in a highway-rail accident, The Hershewe Law Firm wants to help you recover damages, but our railroad accident attorneys urge you to abide by Oklahoma law and follow railroad grade crossing safety recommendations.
Oklahoma Law for Motorists
Oklahoma law states that whenever any person driving a vehicle approaches a railroad grade crossing, the driver must stop within 50 feet, but not less than 15 feet, from the nearest rail and when:
- Clearly visible electronic or mechanical signal devices give warning of the immediate approach of a train
- Crossing gates are lowered or human flagmen signal the approach of a train
- A train approaching within 1500 feet emits an audible signal
- An approaching train is visible and is in hazardous proximity to the crossing
The Hershewe railroad accident attorneys remind Oklahomans that they must always yield the right of way to trains. Trains often weigh in excess of 12 million pounds. It takes an engineer one mile of braking to stop a train traveling at 55 miles per hour.
Oklahoma law for railroad companies
Railroad companies operating in Oklahoma are required, at the demand of local municipalities or the state, to mark railroad grade crossings clearly with at least crossbucks, and, where there is more traffic and crossings are more hazardous, flashing light signals and gates. Railroad crossings are also marked by the state with advance warning signs, pavement markings, and sometimes stop signs. Railroad companies are also required to be certain visibility of the tracks is not hampered by vegetation or other obstructions.
Railroad Crossing Safety Rules
The Hershewe Law Firm, P.C., urges all motorists and pedestrians as well to follow the Oklahoma Driver Manual railroad grade crossing safety rules:
- As you approach a crossing, slow down, keep alert and watch for warning signals
- Look both ways and listen for a train; you may have to stop
- Always expect a train
- Don’t become trapped on the tracks; keep going
- Never drive around a lowered crossing gate, but if a gate comes down behind you, keep going (the gate system should allow enough time for a motorist to cross the tracks)
- Watch for a second train (crossings are marked with the number of tracks)
- If your vehicle stalls on the tracks, get everyone out and off the tracks; if a train is coming, run away from the tracks, in the direction of the train, at a 45 degree angle from the point of impact
- Never race a train
- Watch for vehicles that must always stop at train tracks such as buses and vehicles carrying hazardous materials
- Never pass another vehicle on the railroad tracks unless you are traveling in the same direction on a multi-lane highway
- Don’t misjudge the speed or distance of a train—if you can see or hear a train, stop and yield the right of way
- Be especially careful at night, when it is hard to see and easy to misjudge distance
The vast majority of railroad grade crossing accidents in Oklahoma are wholly preventable. The Hershewe Law Firm, P.C., urges you to respect the power of trains. If you are involved in a highway-rail accident, rely on our railroad law attorneys.
