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Pedestrian Railroad Crossing Accidents

May 2, 2018 | Category: Pedestrian Accidents | Share

Since early January of this year, 2 people have been killed and 5 others severely injured in South Florida when they tried to cross railroad tracks. Pedestrian railroad accidents are the leading cause of deaths on railways. 

Pedestrian Railroad Crossing Accidents - Spivey LawA 32-year-old woman of Boynton Beach, Florida was struck and killed by a Brightline passenger train when she tried to cross the railroad tracks. 

A man, 29 years old, from West Palm Beach, Florida was hit by a freight train while crossing railroad tracks. He suffered a broken arm and both legs were amputated from the knees down. 

Railroad accident statistics 

The Federal Railroad Administration reports that in 2017, 575 people were killed in railroad crossing accidents. About every three hours a train hits a person or vehicle. Newsweek reports that 32 percent of rail-related fatalities are attributable to railroad crossing incidents. 

What is the cause of these accidents? 

The causes are many including the fact that trains cannot stop easily and train technology allows trains to travel at higher speeds. Another problem is that some communities pass noise ordinances to stop trains from sounding horns or whistles in the late evening hours. 

Scientific American reports that many fatal train accidents occur at train crossings that do not have active safety devices or have devices that are simply inadequate. Railroad companies typically do not invest in many safety measures such as fencing or high-tech warning systems. (The majority of the crossing gates and flashing lights that you see at railroad crossings were federally funded.) 

South Florida counties implementing security measures 

Throughout South Florida extra security measures are being taken to prevent railroad crossing fatalities. Nearly 60 barriers known as “quad gates” are scheduled to be installed across Broward and Palm Beach counties, along the corridor where the new higher-speed Brightline trains began running a month ago. Crossings normally have one or two gates to tell the public it is time to stop. Quad gates go farther: They cover all corners of an intersection, making it more challenging for anyone to get past them. 

South Florida’s other set of train tracks, the South Florida Rail Corridor, is used by Tri-Rail, Amtrak and CSX where 39 of the 100 rail crossings have extra security with either quad gates or other security measures, such as 9-inch medians. 

Not all South Florida counties are installing “quad gates” because the government does not have the funds to do that. Experts say it could cost in the ballpark of a half-million dollars for a quad gate at a crossing. 

The Sun Sentinel in Delray Beach, Florida reports that officials said they spent $94,000 for fencing and other improvements to create a barrier along both sides of the tracks that stretches the length of a city block.  

Railroad companies have the duty to warn people of the danger and take measures to prevent people from crossing railroad tracks when a train approaches. 

According to Florida Statute 351, every railroad company shall exercise reasonable care for safety whenever its track crosses a highway and shall be responsible for erecting and maintaining advance railroad warning signs and pavement markings. Any train approaching within 1,500 feet of a public railroad crossing shall emit an audible signal or alternate traffic operations system such as flashing lights. 

“When a railroad company fails to meet these safety responsibilities and accidents result, the railroad company needs to be held accountable. If you or a loved one has been injured or killed in a railroad crossing accident, contact the experienced personal injury attorneys at Spivey Law Firm, Personal Injury Attorneys P.A. We are available 24/7 to assist you, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Fort Myers Pedestrian Accident Attorney, Randall Spivey. 

 

 

Fort Myers Pedestrian Accident Attorney, Fort Myers Slip & Fall AttorneyRandall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

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