Practice Area Overview

The personal injury trial lawyers at Langdon & Emison represent people who have been injured or who have lost a loved one in collisions with trains at railroad crossings throughout the United States. 

Railroad-roadway crossings are the single most frequent site of railway accidents.  Statistically speaking, a crossing accident occurs about every 90 minutes in the U.S.  The majority of these accidents involve motor vehicles, although pedestrian impacts and non-collision derailments also occur.

The vast majority of accidents are attributed to human error and track problems.  Some of the most common causes include:

• Excessive speed
• Failure to sound a warning
• Inadequate sight distances for drivers at crossings
• Inadequate or defective safety devices at crossings

A collision at a railroad crossing may be governed by the laws of negligence and civil torts in the state where the accident happened, or federal regulatory safety standards may preempt the state claim and govern the lawsuit.  Even where federal statutes appear to occupy the field, narrow exceptions may exist for the vigilant attorney to pursue a claim in state court.  Experience in general personal injury law, as well as knowledge of the web of federal regulations and familiarity with federal/state preemption issues, are all crucial in the preparation of any railroad case.

Our team of attorneys and accident investigators are well-versed in the law and experienced in investigating the cause of train crashes.  We know the right questions to ask to determine the extent of the railroad's liability.

• Did the crossing have lights, an alarm, or a functioning crossing gate? The railroad is responsible for assuring that warning systems are in working order.
• Were the flashers confusing? In one case, the flashers were on, but there was no train visible. As a car crossed the tracks, a train came around a curve, failed to use the horn, and hit the car. (The train's black box recorder showed that the engineer failed to use the horn at 12 of the previous 15 crossings.)
• Did a parked train confuse the car driver? Trains are not supposed to be parked close to crossings. In a case successfully handled by Langdon & Emison, a parked train prevented the driver from seeing another train that was moving toward the intersection.
• Did foliage prevent the driver from seeing a train? The railroad company is responsible for keeping sight lines clear at railroad crossings.

We have obtained multi-million dollar verdicts and settlements on behalf of our clients, and currently have several cases pending in state court, where inadequate guards and warnings or poorly-maintained crossings have caused fatal collisions.  Focusing on this particular area of law has allowed our attorneys to gain the knowledge, skill, and experience to successfully resolve any train accident case.  If you have been seriously injured or a loved one was fatally struck by a train at a railroad crossing, contact Langdon & Emison by e-mail or call (800) 397-4910 for a free consultation regarding your claim.