Legal Effects of Use of Innovative Equipment at Railroad-Highway Grade Crossings on Railroad's Accident Liability

Glater, David S.; Mond, Terry K.; John A. Volpe National Transportation Systems Center, (U.S.)

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Legal Effects of Use of Innovative Equipment at Railroad-Highway Grade Crossings on Railroad's Accident Liability

1979-10-01
By Glater, David S. ; Mond, Terry K.

[PDF-1.25 MB]

English

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Details:

Creators:

Glater, David S. ; Mond, Terry K.

Glater, David S. ; Mond, Terry K. Less -
Corporate Creators:

John A. Volpe National Transportation Systems Center, (U.S.)
Corporate Contributors:

United States. Federal Railroad Administration
Subject/TRT Terms:

[+]

Accident Rates Accidents Costs Grade Crossing Protection Systems Intelligent Transportation Systems Legal Factors Liability Prevention Railroad Grade Crossings Safety Traffic Accidents Traffic Safety Warning Devices Warning Systems
Publication/ Report Number:

FRA-RRS-80-01 ; DOT-TSC-FRA-79-19

FRA-RRS-80-01 ; DOT-TSC-FRA-79-19 Less -
Resource Type:

Tech Report
Geographical Coverage:

United States
Edition:

Final report; Apr. 1978-Apr.1979
Corporate Publisher:

United States. Federal Railroad Administration
NTL Classification:

NTL-LAWS AND REGULATIONS-Rail Laws and Regulations;NTL-RAIL TRANSPORTATION-RAIL TRANSPORTATION;NTL-RAIL TRANSPORTATION-Railroad Highway Grade Crossings;NTL-RAIL TRANSPORTATION-Rail Safety;NTL-SAFETY AND SECURITY-Rail Safety;
Abstract:

This report discusses the effect on a railroad's legal liability for railroad-highway grade crossing accident costs when that railroad uses innovative grade crossing safety equipment. Its purpose is to evaluate the assertion that a railroad's use of innovative warning device technology increases the likelihood that the railroad will be held liable for accidents at that (or other) crossings. The methodology employed in carrying out this research involved the identification and analysis of relevant federal and state court decisions. Three significant conclusions resulted from this study. First, railroads do not necessarily increase their legal liability for grade crossing accident costs by deploying innovative grade crossing warning equipment. Second, railroads should carefully monitor government and industry activities demonstrating the feasibility of new warning equipment because such activities may affect their liability exposure. Finally, railroads may deploy new technology at a particular rail-highway crossing in response to accidents at that site without significant adverse effect on their position in relevant litigation.
Format:

PDF
Funding:

RR033/R0301
Collection(s):

Volpe Center
Main Document Checksum:

[+]

urn:sha256:f0d573741d586519411759f0c543918f6879313b3ab8852bb7a147cb179d64b2
Download URL:

https://rosap.ntl.bts.gov/view/dot/11609/dot_11609_DS1.pdf
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Legal Effects of Use of Innovative Equipment at Railroad-Highway Grade Crossings on Railroad's Accident Liability

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