A newspaper report of a railroad crossing accident in Charlottesville reminded me of how dangerous railroad crossings can be. In particular, rail crossings that do not have any gates are very hazardous. In many cases, the sight distance for a car is limited and it is not until the car is almost on the crossing that the driver can look down the tracks to see if a train is coming. Some crossings only have a sign warning of the crossing. In Virginia, the law favors the railroad when it comes to making a case against the railroad for hitting a car on a crossing. Virginia's doctrine of contributory negligence can be a bar to recovery. However, if the motorist can show that the train did not sound its horn, then comparative negligence applies. As a result, a thorough investigation of the case is needed as soon as possible after the accident. Over the years, I have handled many crossing cases and it is necessary to be familiar with all the state and federal rules concerning crossings. The railroads, such as CSX, Norfolk Southern and Amtrak, all have rules concerning crossings and what train crews are required to do when approaching them. Our office has copies of all of these rulebooks and manuals. Call us for a free review of your case facts.
Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
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