Who Has the Right Away at a Railroad Crossing?

According to Georgia’s state statutes, motorists approaching a railroad crossing must give the right of way to freight trains, safety crews, and on-track equipment.

Freight trains require long stopping distances and cannot maneuver around vehicles, which is why motorists must yield whenever a train is approaching or warning devices are activated. There are specific statutes in place making it illegal for motorists to approach a railway when there are immediate signs of a train approaching or signals recommending that they stay back.

Should you find yourself involved in an accident at a railroad crossing, don’t panic. You may have the legal means to recover. You can contact an Atlanta freight or cargo train accident lawyer to discuss what specific circumstances led to your accident and how you can react accordingly.

Our legal team can help answer your post-accident questions, including “who has the right away at a railroad crossing?” and “who needs to take responsibility for my accident?” We’re here as your allies and can break down freight train law as needed to help you heal. You can contact us today to learn more.

How to Approach a Rail Crossing in Georgia

If you’re approaching a rail crossing in Georgia, you need to keep the rules of the road in mind. Our Atlanta personal injury lawyers know that, per GA Code § 40-6-140, motorists cannot cross a railway when:

• The guard is down, a train is approaching, or other on-track equipment is nearby
• There is a clear electrical or mechanical sign indicating that a train or other vehicle is on the track and approaching
• A crossing gate lowers
• A human flagman indicates that drivers should stop
• Rail-based vehicles are clearly visible and may prove a threat to a driver’s safety

Crossing a railway in any of these circumstances can put you in harm’s way, even if the person operating the train is paying full attention to the track ahead of them. Instead, Georgia’s law recommends that you stop within 50 feet of a railway crossing and only proceed once you’ve visibly determined that it is safe to do so.

When Do You Have the Right of Way at a Rail Crossing in Georgia?

You may have the right of way at a railroad crossing if there are no signal devices warning you that a train or other rail-bound vehicle is on the road. Likewise, you can move forward if there’s no crossing gate actively closing or otherwise barring your way, and there’s no human indicating that you should stop moving forward.

Even when no warning devices are active, drivers should slow down, look carefully in both directions, and listen for approaching trains before crossing.

Some railroad crossings rely only on warning signs rather than flashing lights or gates, making it especially important to confirm the tracks are clear before proceeding. We recommend that you move at a reasonable but slow speed, ensuring that you can respond to stimuli around you within a safe amount of time.

Never Drive Around Lowered Gates or Stop on the Tracks

Even if traffic is moving slowly, never enter a railroad crossing unless there is room to completely clear the tracks. Drivers should never drive around lowered crossing gates or ignore flashing lights or warning signals. If traffic stops unexpectedly, wait before the crossing until there is space to safely pass over the tracks.

What to Do If You’re Involved in a Freight Train Accident

Unfortunately, all the caution in the world can’t protect you from someone else’s recklessness. If you’re injured at a railroad crossing, there are several parties who may be to blame, including engineers and other motorists.

Engineer errors rank among one of the most common causes of freight train accidents, but other causes may include:

• An engineer’s failure to sound a warning or abide by other railway safety regulations
• Crew failures aboard a freight train
• Distracted driving from other drivers
• Failure to hear a train’s horn
• Inappropriate behavior from pedestrians walking on the railroad
• Defects with a crossing’s signal or crossing equipment
• Speeding

You need to get medical care immediately after a freight train accident. Once you’re safe and stable, we recommend that you reach out to an Atlanta freight train accident attorney to discuss how you can pursue compensation for your losses, be that through an insurance claim or personal injury lawsuit.

Our legal team can help you hold individuals or entire train companies liable for the harm that you wrongfully endured. We can discuss your right to action in greater detail during a free, no-obligation case consultation.

Working With Atlanta Freight Train Accident Lawyers Can Streamline Your Recovery

Unfortunately, train companies and their insurers will want to make news about your accident disappear as quickly as possible. You and your family may receive a settlement offer from insurance adjusters that seems generous after an accident as a result. However, we encourage you to wait to accept, as the offer may drastically undervalue the cost of your recovery.

Connecting with our legal team gives you the means to determine who had the right of way at a railroad crossing and who you can subsequently hold accountable for your negligence-based losses. Our law firm can help you assign liability to multiple parties, if necessary, including:

• Equipment manufacturers
• Other negligent drivers
• Third-party contractors
• Government agencies
• Independent engineers
• Train companies
• Track maintenance teams

We back our assertions of fault with concrete evidence of negligence. We also elaborate on the extent of your losses and what economic support you need to fully recover.

Most importantly, we prevent train companies and insurance representatives from taking advantage of you. An experienced attorney keeps your case on track and fights to maximize your accident support.

Let’s Discuss Your Freight Train Accident Today

Georgia’s state statutes addressing safety at railroad crossings are clear. You must give the right of way at a railroad crossing to freight trains, safety equipment, and anyone recommending that you stay away from the tracks for safety reasons. Anyone who violates Georgia’s railroad crossing statutes can face legal consequences for their misconduct.

What’s worse, anyone who violates the state’s railroad crossing laws may find themselves involved in devastating accidents or the cause of someone else’s collision.

Should you find yourself involved in an accident at a railroad crossing, get in touch with an Atlanta freight train accident lawyer right away. Our firm’s legal team can step in, protect you from wrongful accusations of fault, and preserve your right to fight for damages based on your accident losses.