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You are here: Home / Blog / St. Louis Railroad Crossing Accidents

St. Louis Railroad Crossing Accidents

April 25, 2019 by Christopher

According to the Federal Railroad Administration, there were 143 cases of casualties related to railroad crossings in 2018 in Missouri.

When these cases happen, people are generally left with fairly severe injuries that require extensive medical treatment. These treatments are expensive, and you are left wondering if there is any way of getting compensation to cover them. But the question is, who do you file the claim against?

railroad crossing

Determining Liability

The only way to know who is responsible for these types of accidents is to take a close look at the details of the case. Your St. Louis car accident attorney can take a look at your situation and see who may be held responsible for the incident, generally by determining what caused it in the first place.

Possible causes of the accident can be:

1. Lack of or Defective Crossing Signals

It’s possible you tried to cross the railroad because nothing informed you of an oncoming train, such as gates or lights. These details can generally point the finger toward the people who are responsible for ensuring these signals work properly, most commonly the railroad company.

If that is determined as the cause of the accident, then it’s possible to demand compensation from either the employees in charge of the signaling devices or the company itself.

2. Other Negligence

Particularly in rural or remote areas, it’s possible there is no need for a gate, as there is not much traffic. However, trains should sound the horn once they approach a crossing, and failure to do so may be the cause of the accident. The area in question may also not be properly maintained, and elements like overgrown trees can make it difficult for drivers to see the train until it is too late.

Sometimes, these accidents are avoidable and drivers manage to get out of harm’s way just in time. But if they don’t, victims have the right to hold the responsible party accountable.

What Happens Next?

Determining who is responsible for the accidents requires some investigation. While these cases are often analyzed by the police, you can also contact a St. Louis auto accident lawyer and have them gather evidence on your behalf to see who may be held accountable.

Essentially, you have to prove a party is guilty of negligence, which is why the accident happened in the first place. However, in Missouri more than one party can be found responsible. During the proceedings, it’s possible for the other party to also claim you have part of the blame, because, for instance, you did not act in time to avoid the accident.

That is why you should consider working with a St. Louis car accident lawyer, as they can help defend you if such accusations arise, and prove the blame is on the other party.

Filed Under: Blog Tagged With: liability

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    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.