Unique Railroad Laws in Oklahoma

The qualified railroad accident attorneys at the Hershewe Law Firm, P.C., study Oklahoma’s unique railroad laws and follow changes in interpretation of the law by the courts. Most unique railroad laws for the state of Oklahoma have to do with the business of railroading such as planning routes, buying right-of-ways from landowners for rail beds, etc. Statutes were added in 1998 to promote railways not only as freight carriers but also as passenger transport in Oklahoma. A Railroad Commission was established, primarily for development and promotion, and currently, the federal government is strongly encouraging states to increase passenger use of rail lines.

Oklahoma statutes do, however, specifically address public safety. Oklahoma law requires that railroad corporations must construct the crossings of its track with public highways, and maintain the same unobstructed, in a good condition. Railroad companies must also build and maintain in good condition all bridges and culverts that may be necessary on its right-of-way at such crossings.

Conscientious railroad law attorneys inspect crossings for damage and hazards when they advise clients in cases of personal injury or wrongful death at Oklahoma railroad crossings.

Railroad corporations operating lines of track in Oklahoma must erect suitable signs of caution – crossbucks, flashing light signals, crossing barriers— at each public railroad grade crossing. Oklahoma county commissioners can request that railroads erect or repair such crossing warnings, and if the railroad corporation does not comply, may install or repair signs of caution themselves at the railroad’s expense.

Whenever the public authorities that have jurisdiction over a public highway or street in Oklahoma believe that a railroad grade crossing is a safety hazard, the authorities can construct and install at public expense, or order the railroad company to construct, install, maintain and operate, an automatic or mechanically operated barricade. If a barricade is installed, public authorities must erect reflector warning signs at specified distances from the barricade, and drivers are required to heed the warning signs so that they can stop not less than 75 feet in advance of the crossing.

If a driver collides with a barricade that is taken as evidence proving the driver did not comply with the warnings signs, the driver will be charged with reckless driving, and will be liable for any damage to the barricade.

The public authorities, or political subdivision of Oklahoma and the Highway Commission of Oklahoma are authorized to cooperate with the federal government in the construction, or installing, maintaining and operating of barricades and other railroad crossing safety devices.

The Oklahoma Corporation Commission prescribes the rules and regulations for the design, installation, construction, maintenance, inspection, and testing of warning signs and signal devices at highway and railroad crossings in the State of Oklahoma.

These laws mean, in sum, that railroad companies, local municipalities and the state of Oklahoma have certain responsibilities for the safety of motorists and pedestrians at rail crossings. The railroad accident lawyers at the Hershewe Law Firm, P.C., will find evidence if these entities are negligent in providing or maintaining warnings as required by law, and will help you file suit to hold them liable for damages in case of an accident.

Railroad engines are required to have bells, whistles or horns and to sound them a certain distances from railroad crossings.

Serious injuries or fatalities in railroad accidents take place when a train collides with a pedestrian or a car at a rail crossing. Sometimes driver or pedestrian inattention, carelessness, or negligence can cause of accidents. But under Oklahoma law, the railroad companies and the train drivers also have responsibility for safety, especially at crossings. A train engineer who is fatigued or otherwise impaired may fail to blow his horn, exceed crossing speed limits, or fail to brake in a timely manner. Crossings may not be properly built or maintained or they may not be equipped with required warning signs, signals or barriers. Sight distance may be impaired by overgrowth of vegetation. If your loved one is injured or killed at a railroad crossing, you owe that person a thorough investigation of the accident. The Hershewe Law Firm, P.C., can help.

Call us toll-free for railroad accident attorneys in Oklahoma at 877-382-9734, or complete our web form.