In 2020, Indiana deemed “high risk” by FRA for a fatal railroad crossing accident.
On October 6, 2020, Department of Transportation Secretary Elaine Chao announced a month-long national public awareness campaign regarding the danger of fatal collisions between motor vehicles and trains at railroad grade crossings. Under the banner of “Stop. Trains Can’t.” this federal safety promotion will spread across the country at a reported cost of $6,600,000.00 for the agency.
The Federal Railroad Administration (FRA) and the National Highway Traffic Safety Administration (NHTSA) manage this campaign on behalf of DOT. Explains Ronald L. Batory, head of the Federal Railroad Administration:
“Evolving technology will continue to help reduce fatalities at our nation’s rail grade crossings, but driver awareness is paramount to bringing down the fatality rate.”
Serious Danger of Train Collision Fatality in Both Indiana and Illinois
For Hoosiers, it is important to know that the DOT has a particular interest in sharing its safety message with “high-risk” railroad crossing fatality states, which includes the State of Indiana. Indiana is among seven states in the country that the federal government warns has the greatest likelihood of someone dying in a train crash at a railroad crossing.
Things are also very dangerous for anyone approaching a railroad crossing in the State of Illinois. According to an April 2020 analysis of FRA statistics by Operation Lifesaver, in 2019 Indiana ranked fourth (4th) in the country for highway-rail grade crossing collisions. Illinois followed immediately behind, ranking fifth (5th) in the nation for these types of accidents.
Both Indiana and Illinois reported the same number of railroad crossing collisions during 2019. Illinois, however, had almost twice as many deaths during that calendar year in railroad crossing fatalities as the Hoosier State.
Risk of Railroad Crossing Accidents Remains High Despite COVID
Of course, many may assume that the risk of dying in a railroad crossing accident will go down in 2020 due to the Coronavirus Pandemic. It is true that in both Indiana and Illinois, “stay-at-home orders” were issued by the state governors, which did result in less traffic on our roads.
However, COVID did not significantly alter the likelihood of railroad crossing collisions in our part of the country. Illinois has seen little change in its collision statistics. For more, read “Railway Collisions Plummet Nationwide, But Not In Illinois,” written by Marni Pyke and published in Chicago’s Daily Herald on September 28, 2020.
As for Indiana, the Executive Director of Indiana Operation Lifesaver warns that during the Coronavirus Pandemic, there has been an increase in trespassers on railroad property and near train tracks in Indiana. She also points out that most railroad crossing collisions in Indiana happen at crossings where there are active warning devices in place.
Causes of Fatal Train Crashes at Railroad Crossings
The response from those in the rail industry after any serious or fatal accident on railway property – particularly a railroad crossing where the paths of motor vehicles intersect with trains – is to excuse the railroad company from any responsibility. Victims of railroad crossing accidents can expect to hear allegations that the driver of the car, pickup, SUV, minivan, or semi-truck is to blame for the crash.
It is true that some fatal railroad crossing accidents can be attributed to drivers doing things like trying to “beat” the crossing arms as they fall to block traffic moving across the tracks. Nevertheless, any serious or fatal crash must be fully investigated for the various types of contributions that the railroad line, its employees, or its contractors may have made to the deadly accident.
Mistake Made by Train Conductor or Other Company Worker
When any train is approaching a road crossing, there are established procedures for the railroad workers to undertake in order to maximize safety as the train rumbles over the vehicle roadway. These tasks include things like signaling and operating the crossing arm at the intersection.
If the train conductor, rail operator, or other railroad worker fails in his or her duties and makes even the slightest mistake then the result can be a tragic, fatal crash at a railroad crossing. Railroad employers have a duty to train and monitor their employees on the job. If a railroad employee is insufficiently aware of how things work or is sick or overly tired and still responsible for the safety of the engine, then any resulting railroad collision fatality may be the legal responsibility of his or her employer.
Failure of Railroad Machinery or Equipment
Technology has advanced to make things safer at our railroad crossings. Today, there may be flashing lights that can be easily seen on the brightest summer day. Gates are placed at many highway railroad crossings in both Indiana and Illinois.
On the railway itself, there is also the advanced mechanics involved in the braking systems and overall operation of the train by its conductor or rail operator.
The possibility that there were equipment failures or other errors involving the rail mechanics must be investigated in any fatal train collision at a crossing. Railway companies have a duty of care of repair and maintenance that, if breached, can result in legal liability for any resulting accident.
Third Party Negligence
Railroad companies may contract with third parties to do things like maintain stretches of train tracks or install and maintain warning signals or crossing arms. If these contractors fail in their job, then they may be held liable for any resulting fatality at a railroad crossing accident. In some situations, these may include city or county governmental entities.
Railroad Crossing Fatalities in Indiana and Illinois: Preventable Accidents
According to the Federal Railroad Administration, almost every (94%) rail-related death and serious injury happens because of (1) railroad crossings or (2) trespassing on the train’s right-of-way. Indiana has been labeled “high risk” in this month’s new FRA safety campaign against fatal railroad crossing accidents. Illinois is not experiencing any significant change in railroad crossing accidents despite COVID-19.
Today, both Indiana and Illinois are recognized to be some of the most dangerous states in the country for railroad crossing collision fatalities.
For more on railroad crossing accidents and liability in train crashes here in Indiana and Illinois, see:
- Train Crash Deaths: Fatal Accidents at Indiana and Illinois Railroad Crossings
- Railroad Safety Laws and Deadly Train Wrecks in Illinois
- Railroad Safety Laws: the Danger of Fatal Train Crashes in Indiana
- Types and Causes of Train Crashes and Railroad Accidents
- Railroad Crossing Accidents: the High Risk of a Fatal Train Crash in Indiana and Illinois
- Fatal Railroad Accidents: Indiana and Illinois Both Rank in Top 5 for Number of Train Crash Deaths.
If you or a loved one is involved in a serious or fatal accident at a railroad crossing in either Indiana or Illinois, then it is vital that you know your rights under state negligence and premises liability laws as well as the particular workers’ compensation statutes that apply when a railroad employee is a victim of a rail incident. Please be careful out there!
