Train and Rail Crossing Accidents in Pennsylvania

The evidence that decides it

• The locomotive event recorder, which logs speed, brake application, and horn and bell use in the approach.
• Crossing signal maintenance and activation records, including any history of malfunction or false activation.
• Inspection and repair history for the crossing.
• Sight distance, including vegetation, structures and stored rail cars obstructing the view.
• Prior incidents at the same crossing, which establish notice.

Railroads preserve some of this as a matter of course and other parts only if asked. An early preservation demand is important.

Preemption

Railroads frequently argue that federal law preempts state law claims, particularly regarding train speed where the train was within federally authorised limits, and regarding crossing devices where federal funds participated in their installation.

Preemption is real and it is also frequently overstated. It does not bar every claim, and negligent maintenance, failure to sound warnings, obstructed sight lines and negligent operation may all remain available. It requires proper analysis rather than acceptance.

Crossings without gates

Many Pennsylvania crossings have only crossbucks or lights without gates. Whether the protection was adequate for the traffic volume, sight distance and train frequency at that crossing is a legitimate question, particularly where prior incidents occurred.

Trespasser and platform cases

Injuries to people on the tracks raise different questions, though duty is not always absent, particularly where a location was known to be regularly crossed and nothing was done. Platform and station injuries are more conventional premises claims against the operator.

Rail workers are different

Railroad employees are generally covered by the Federal Employers Liability Act rather than state workers compensation. FELA is fault based, which means a railroad worker must show negligence but can recover damages that workers compensation does not pay, including pain and suffering. It is a materially different system with its own deadlines, and it needs handling as such.