Accident- Need opinions

[Guest Hal Davis (MODEL A HAL)]

I need some opinions here. I want to describe a collision, and you folks tell me who you think is at fault.

An automobile is approaching a railroad crossing. The crossing has a signal and crossing arms. Unbeknownst to the driver, neither is operational, due to some construction in the area. As the vehicle nears the crossing, the driver sees a man in street clothes standing in the road on the far side of the tracks waving his arms. Thinking the man is a stranded motorist, the driver stops the car just short of the railroad tracks, just as a train approaches the crossing at a high rate of speed. The locomotive grazes the front of the stopped vehicle ripping the front bumper off and doing some damage to the hood and fender. Thankfully, no one was injured. It could have been a lot worse.

As it turns out, the man waving his arms is a railroad worker who knows that the signal is out and is suppose to be stopping traffic for the train. He is NOT wearing any orange vest. He has NO orange flag. He has NO sign on a pole with ?Slow? on one side and ?Stop? on the other. There is NO stop sign posted at the crossing, and the man has the railroad tracks BETWEEN him and the traffic he is feebly attempting to stop.

The engineer and workers tell the state patrol officer that they had one side of the signal working, but no one was stopping for it, so they disconnected it. Witnesses said that the train was traveling at a high rate of speed and that they heard no horn. The very next day, they installed ?Stop Ahead? and ?Stop? signs at the crossing, BUT they are balking at paying for the damages to the vehicle.

In your opinion, who is at fault?

[1937hd45]

Sounds like you need the ACLU, to just sue everythng that is witin 100 miles.Free tip of the day: Do not hold raw steak in one hand while at the crocadile petting zoo.

[1937hd45]

Just what the heck are "street clothes"?

[Guest Hal Davis (MODEL A HAL)]

I'm not one for frivolous lawsuits, just want my son's car fixed. If he had been killed or injured, it might be another story.

By "street clothes", I meant he was not wearing any sort of uniform or safety vest or anything else that would set him apart from the average guy on the street. My son had no idea why this guy was waving his arms. He certainly didn't know it meant "There's a train coming and the signal has been disconnected." At the very least, the guy could have stood on the same side of the tracks that the car was coming from.

[rocketraider]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">The engineer and workers tell the state patrol officer that they had one side of the signal working, but no one was stopping for it, so they disconnected it. Witnesses said that the train was traveling at a high rate of speed and that they heard no horn. </div></div>

Pretty much says it all. Their own people have admitted they bypassed a safety feature. They are liable for damages. It would be different if the grade crossing had had no signals.

Those guys probably won't have a job after it goes to court.

Hal, if you haven't already, have your lawyer draft a letter of intent to sue and see if they don't come around. My bet is they'll settle out of court for repair cost rather than risk it going to court and a jury awarding a larger sum.

[DizzyDale]

Dear Hal,Just the fact that they made IMPROVEMENTS on the site the NEXT day tells you all you have to know.I just got off the phone with Johnny C----rane he advised he thought your son would be liable because the car he was driving was tooooooooooo long.diz

[48LCCOUPE]

The car didn't fit. You must aquit!

As stated above, I would say that disconnecting safety devices and installing new ones the next day says what it says.

[ex98thdrill]

Hal, I'd say that any reasonable and prudent judge would rule in your favor and hold the Railroad company liable. I don't know in Georgia how their laws work, but I know in the case of New York State, if there aren't signs posted, and flagmen present during highway construction, or repair, the municipality is liable. As long as the highway department or DPW meets those requirements and someone has an accident, the municipality is off the hook, and the person who has an accident in that construction zone can be criminally charged.

I'd fight it for the following reasons:

1. There were no signs stating the railroad crossing was inoperable or that work was being done.

2. There were no signs indicating that a flagman was present.

3. The flagman was not properly attired (lime green or blaze orange with either a flag or temporary sign) or anything identifying him as such.

4. The railroad admitted guilt by making changes the following day.

- it may pay you to research the Georgia Vehicle and Traffic Law. Many of these lawbooks and information can be gathered either in a college bookstore (law / criminal justice students), library, or maybe online.

[Guest Skyking]

Hal, go after their asses. Thank God your son wasn't killed!!

[Ron Green]

Hal, Since they made improvements the next day that should say it all, but as you know you will be fighting a large business.

Here in PA when you drive a few miles out of town we have many railroad crossings that have nothing but a RR crossing sign, period. No flashing lights, gates, etc. You are expected to stop look both ways before crossing. I have had two very near misses since I have been driving.

Count your blessing no one was hurt. My friend lost his sister at a RR crossing and the family finally did get some money years later however like he has reminded me, that doesn't bring her back. Good luck.

[R W Burgess]

Hal, The key word in Ron's post was,"Stop and Look both ways!" Just another opinion, but I would say that should be standard operating procedure whether lights and bars are there or not. Like petting the previously mentioned Alligator, without using respect at all times, you may get bit. Wayne

[Guest stude8]

Sounds like error's in judgement on both sides, here in Illinois all the RR crossing signs say "STOP LOOK LISTEN" whether the lights and barriers are operating or not, if a driver ignores the sign he is at fault. Stude8

[jw24spec6]

a little different way to try handling this. contact your insurance carrier and have them contact the other party involved. it may work out an they will pay without the cost of court. sometimes calling in the lawyers to soon will just jamb you up if all you want is your property repaired. you dont need full coverage either. just another idea jim

[Guest Albert]

Years ago one of our bus drivers went through a Stop sign on a counrty road and totaled the bus as well as a dump truck, Lucky thing was the manager of the office took pictures before the bus & truck where move, of the Stop sign that had been completly over grown by a tree. Following day the city had chopped down the tree, the city ended up getting sued.

[Guest Hal Davis (MODEL A HAL)]

Thanks to all who responded.

He only has liability insurance, maybe we should contact the insurance company anyway. Good suggestion.

As for stopping at all crossings, that is not a common practice here, nor is it required by law. This particular crossing was a four lane highway with a normal speed limit of 45, I think it is. It was marked as a construction zone, by orange and white striped barrels blocking the two inside lanes, so it was effectively a two lane, but normally a four lane. The were no signs saying a flagman was ahead or that you may need to stop for any reason, only the barrels lining the road. Granted, stopping at all tracks might assure you are never hit by a train, but it will GREATLY increase your chances of being hit from behind, because no one will be expecting it. Like I said, it is not a common practice around here(except for school busses) and we have crossings that cross 4 and 6 lane highways with traffic going highway speed.

Thanks again,

Hal

[ARUCKEY]

FIRST,I THINK THE RAILROAD WORKER ON THE OTHER SIDE OF THE TRACKS SAVED YOUR SONS LIFE. OBVIOUSLY THERE WAS NEGLIGENCE ON THE R.R. PART. I WOULD START WITH A PERSONAL LETTER TO THE RAILROAD AND CC YOUR ATTORNEY. ASK FOR MONEY TO REPAIR. CONTACT THE PUBLIC SERVICE COMMISSION IN YOUR STATE AND FIND OUT THE NAME OF THE R.R. INSURANCE COMPANY. OFTEN THE RESPONSE IS SLOW WITH COMPANIES THIS LARGE. SO, START WITH A SMALL CLAIMS ACTION IN YOUR LOCAL COURT, THIS WILL GET THERE ATTENTION VERY QUICKLY.