Railroad crossing accidents are typically massive in scope and result in horrific injuries and wrongful death. While sometimes these dangerous train accidents occur because of risky behavior by drivers trying to outrun the train, these dangerous railroad accidents may also be caused by the inattention or negligence of the train operator, a poorly marked railroad crossing or inadequate maintenance of the train or crossing. When these accidents occur, the physical injuries can be devastating. The warning systems for trains are often inadequate because they fail to account for limitations in human visual perception or because the warning systems are not functioning properly.
Our law firm uses railroad inspectors, train safety experts and other expert witnesses to investigate the cause of a train accident. A common cause of train crossing accidents is poor maintenance of the railway crossing warning system. Our investigative team carefully investigates railroad crossing accidents to determine if crossing arms, warning lights, and switches that activate the warning when a train approaches were functioning correctly. A railroad company has an obligation to provide adequate maintenance to keep these critical warnings operating correctly.
This obligation of a railroad to properly maintain the warning system at a crossing is magnified by limits in human visual perception. When drivers approach a train crossing, limitations to human perception make it easy for drivers to miscalculate the potential danger of a train accident. Visual perception is distorted when drivers attempt to judge the speed of a train approaching a train crossing. We also tend to misjudge speed based on the size of a moving object. The bigger an object the slower it appears to move. This problem is also compounded by a phenomenon known as object familiarity. When assessing speed of strange objects, humans associate the speed with the speed of familiar objects. Thus, there is a natural tendency of drivers to misjudge train speed as being comparable to a passenger vehicle.
The warning systems themselves even when functioning correctly are also inadequate. The flashing lights used are much less bright than those used in traffic lights at roadway intersections. The reason for the weaker lights is simply because the lights were designed to operate on battery backup in the event of an electrical outage. The lights are also relatively small and when covered with the red cover the brightness of the light is reduced substantially. This lack of visibility of the warning lights is further obscured by bright sunlight. The bottom line is that even when operating perfectly the design of railroad crossing warning signs leave much to be desired.
All of these limitations in human perception explain why drivers are dependent on functioning train crossing warnings as opposed to simply observing an approaching train. The other factor that can compensate for limitations on human speed perception at train crossings is an adequately trained and attentive engineer. If the train engineer is distracted, such as using a cell phone to text or talk, he or she may not be able to stop the train or sound a warning to those in approaching vehicles. Intoxication or driver distraction by an engineer at a railroad crossing can result in fatal railroad crossing accidents.
If a driver of a motor vehicle is struck by a train at a Mississippi railroad crossing there is an extremely high risk of catastrophic injury or wrongful death. At the Barrett Law Office, we represent those who suffer personal injury in serious accidents throughout Mississippi. A Mississippi railroad accident attorney from our firm may be able to review your case and provide a candid assessment of your prospects so call us today at (662) 834-2376.