FELA Series

Train vs. Truck at Grade Crossings

All too often Locomotive Engineers believe that just because a truck or car enters the path of their oncoming train, only the driver of the vehicle is totally at fault if there is a collision. This is not legally true.

Under the FELA, if an Engineer is hurt in such a crash, he should seriously consider if his employing carrier failed to provide him with a reasonably safe place to work, which is actionable under the FELA for any injuries sustained by the Engineer and his crew.

Examples where the Railroad itself may be liable include: instances where vegetation impaired the Engineer's view; cross-arms and lights that were not installed at private crossings to prevent motorist from traversing the track in the path of the train; crossing protection (e.g. lights or gates) not functioning properly; defective tracks cause large vehicles to belly-out (low-boy hang-up); and poorly maintained switches, switch points and switch point locks in close proximity to a crossing cause an engine to roll over after a crash.

So before assuming the driver of the opposing vehicle is always 100% wrong, consult your BLE Designated Counsel who concentrate their practices in representing injured Railroaders under the Federal Employees Liability Act to see if you have any legal rights against your employing carrier if you are injured.

Back to Spring 2002 Journal

© 2002 Brotherhood of Locomotive Engineers