What, by law, is a train crew required to do to avoid a train accident as the train approaches a public grade crossing?
Through the years, state and federal courts have repeatedly held that the railroads have a duty to provide due and timely warning to the general public when their trains approach a crossing. Federal law requires all controlling locomotives be equipped with (and have on) headlights of a specified brightness, a working bell, and a whistle or horn capable of producing a warning sound meeting a minimum loudness standard. In addition, railroad rules (and some state laws) provide that when approaching a grade crossing, a train crew must have the locomotive headlight on its brightest setting and must sound the horn and ring the engine bell continuously beginning one quarter mile (1320 feet) from the crossing and continuing until the train has occupied the crossing. However, recent Federal Regulations have made exceptions to when a horn is necessary at a crossing. New technology is also being implemented to slow trains that exceed proper speeds and distances, or even stop ones that are about to go through a stop signal. If you were injured at a crossing due to inadequate warnings, you should contact an accident attorney immediately to ensure your rights are preserved.
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