TRAIN ACCIDENTS


The Federal government has created few policies as to the responsibility of common carriers to passengers injured while using a common carrier. The general rule is that a common carrier may be liable for personal injuries to passengers. The carrier must have the essential equipment and a sensible degree of skill to carry out the transportation of passengers.

Depending upon state law, some states have policies stating that while a common carrier is not accountable for completely insuring a passenger's total safety, the carrier owes a high degree of concern to its passengers. Usually, the carrier is responsible for injuries received by a passenger during transportation that could have been avoided if the carrier had used better care or thoroughness.

Depending upon state law, if a personal injury occurs due to the carrier's noncompliance with safety regulations, the carrier may be found to have total liability for personal injuries.

Through the years, state and federal courts have continually maintained that the railroads have a obligation to provide due and appropriate warning to the general public when their trains move toward a crossing. By federal law, all controlling locomotives must be outfitted with (and have on) headlights of a specific brightness and horns that are proficient of producing a warning sound meeting a minimum loudness standard. Railroad rules present that when approaching a grade crossing, the train crew must have the locomotive headlight on its brightest setting. The whistle must sound and the engine bell must ring continuously beginning one quarter mile (1320 feet) from the crossing and continue until the train has occupied the crossing.