Motorists must yield to approaching trains at railroad crossings, but that does not automatically make the driver responsible when a collision occurs. Liability depends on what caused the crash, and more than one party may share responsibility.
Railroad crossing collisions are less common than many other motor vehicle accidents, yet they often result in catastrophic injuries because of the size and speed of trains. The Federal Railroad Administration (FRA) reports that more than 2,000 incidents and 200 fatalities occur at highway-rail grade crossings nationwide each year. Because these accidents can involve multiple potential causes, maintenance records, warning-system data, train records, roadway conditions, and other evidence may be important in determining how the collision occurred and who may be liable.
In New Jersey, liability may rest with a driver, a railroad company, a government agency, a contractor, or more than one party, depending on the circumstances. Read on to learn how liability is determined after a railroad crossing accident, what evidence investigators examine, and how New Jersey law may affect a potential claim.
Key Takeaways: Liability for Railroad Crossing Accidents in New Jersey
- Liability for a railroad crossing accident in New Jersey depends on the facts and may involve more than one responsible party.
- A railroad company, driver, government agency, contractor, or another party may be responsible, but federal railroad-safety law can affect which claims may be pursued against a railroad.
- New Jersey's modified comparative negligence law may reduce or limit recovery if an injured person is found partly responsible for the accident.
- Evidence such as crossing signal records, surveillance footage, maintenance records, and witness statements often plays an important role in determining liability.
- Claims involving public entities may be subject to different notice requirements and deadlines than claims against private parties.
Who May Be Liable for a Railroad Crossing Accident in New Jersey?
There is no automatic rule assigning liability after a railroad crossing accident. Investigators evaluate the evidence to determine whether one party or several parties contributed to the collision.
Depending on the circumstances, responsibility may involve:
- The railroad company
- A motor vehicle driver
- A commercial trucking company
- A public agency responsible for the roadway
- Contractors responsible for maintaining crossing equipment or performing nearby construction
Railroad crossing collisions do not only involve passenger vehicles. Pedestrians, cyclists, and people working near the tracks may also suffer serious injuries when warning devices fail or other safety issues arise. Similar negligence principles may apply, although the legal duties involved can differ depending on whether the injured person was a motorist, cyclist, pedestrian, railroad worker, or another person near the crossing.
Each party has different legal responsibilities. A driver must obey traffic laws and crossing signals. Railroad companies are responsible for maintaining many aspects of their crossings and complying with applicable safety regulations. Public entities may oversee portions of the roadway leading to the crossing, and contractors may be responsible for equipment installation, repairs, or construction work.
Because railroad crossings connect public roads with active rail lines, liability investigations often include crossing signal records, maintenance logs, roadway conditions, train operations, visibility, and the actions of everyone involved before the collision.
Common Causes of Railroad Crossing Crashes
Many railroad crossing crashes result from a combination of circumstances instead of a single mistake. Driver behavior, crossing conditions, equipment performance, and visibility may all become part of the investigation.
Some of the most common contributing factors include:
- Driving around lowered crossing gates
- Ignoring flashing warning lights
- Distracted or impaired driving
- Speeding
- Vegetation or structures obstructing the driver's view
- Malfunctioning crossing gates or warning signals
- Poor roadway maintenance
- Construction activity affecting traffic near the crossing
Investigators review these factors together because one issue may influence another. For example, limited visibility may reduce the amount of time a driver has to react, while a malfunctioning warning device could prevent motorists from receiving adequate notice that a train is approaching.
New Jersey also works to identify safety concerns before collisions occur. New Jersey's Highway-Railroad Grade Crossing Program oversees approximately 1,600 crossings, and FRA requirements call for highway-railroad at-grade crossings to be inspected every three years.
Even with routine inspections, conditions at a crossing can change over time. Equipment failures, overgrown vegetation, severe weather, or nearby construction may all affect how safely motorists can navigate the crossing on a given day.
Claims Against Drivers, Rail Companies, or Public Entities
Determining liability often begins by examining whether each party fulfilled its legal responsibilities.
Drivers approaching a railroad crossing must obey traffic laws, pay attention to warning devices, and operate their vehicles safely. Under N.J.S.A. 39:4-127.1, motorists must stop at railroad crossings under specified circumstances, including when a crossing gate is lowered or a warning signal indicates the immediate approach of a train or other on-track equipment. A driver who fails to comply with those requirements may be found partly or entirely responsible for a resulting collision. Failing to follow those requirements may become an important part of the investigation.
Railroad companies also have responsibilities. Depending on the facts, investigators may examine whether warning devices functioned properly, whether the crossing was adequately maintained, whether visibility issues had been addressed, and whether the railroad complied with applicable safety requirements.
Federal law can also affect which claims may be pursued against a railroad. Federal railroad-safety regulations govern certain aspects of highway-rail crossings, and in some circumstances federal law may preempt a state-law claim alleging that a crossing should have had different or additional warning devices. That does not necessarily prevent claims involving malfunctioning equipment, improper maintenance, or other negligent conduct. Whether federal preemption applies depends on the particular crossing, the warning system involved, and how it was installed and funded.
Public entities may become involved when questions arise about the condition or design of a public roadway approaching a crossing, traffic-control devices, vegetation management, or other property under governmental responsibility. Claims against a state, county, or municipal entity are governed by the New Jersey Tort Claims Act and do not necessarily follow the same negligence rules that apply to private defendants. For example, a claim based on a dangerous condition of public property generally requires proof of specific statutory elements involving the condition, causation, notice or creation of the hazard, and the reasonableness of the public entity's response.
A railroad crossing collision does not automatically establish negligence by any party. Liability depends on the available evidence, the applicable laws, and the specific circumstances surrounding the accident.
How Comparative Negligence Can Affect a Railroad Crossing Claim
Not every railroad crossing accident has a single cause. One investigation may show that a driver entered the crossing too quickly, while another finds that warning lights failed to activate as expected. In some cases, both issues may have contributed to the collision.
New Jersey follows a modified comparative negligence rule. Under the state's Comparative Negligence Act, an injured person may recover damages if they are found to be 50% or less responsible for the accident. Any recovery is generally reduced by the person's percentage of fault. If the injured person is found to be more than 50% responsible, they typically cannot recover damages from the other at-fault parties.
For example, investigators might determine that a driver failed to slow down when approaching the crossing, but they could also discover that warning signals malfunctioned or vegetation blocked the driver's view of an approaching train. When multiple factors contribute to the crash, liability may be divided among the responsible parties based on the available evidence.
Every accident is different, and assigning fault often requires a detailed review of witness statements, physical evidence, inspection records, and applicable laws.
What Evidence Helps Prove Crossing Negligence?
The condition of a railroad crossing can change quickly after an accident. Damaged gates may be repaired, debris cleared away, and traffic restored within hours. Preserving evidence early can help investigators reconstruct what happened before those conditions change.
Evidence commonly reviewed after a railroad crossing accident includes:
- Police crash reports
- Photographs and videos of the crossing
- Surveillance or dashcam footage
- Witness statements
- Train event recorder ("black box") data
- Crossing signal and gate operation records
- Inspection and maintenance records
- Vehicle damage
- Medical records documenting injuries
Each type of evidence helps answer different questions. Signal records may show whether warning lights activated before the train entered the crossing. Maintenance logs can reveal whether crossing equipment had known defects or recent repairs. Photographs taken shortly after the collision may capture skid marks, damaged signs, weather conditions, or sight obstructions that no longer exist days later.
Federal investigators and railroads also maintain extensive safety records that may become relevant during an investigation. The Federal Railroad Administration collects accident reports and maintains a national inventory of highway-rail grade crossings, providing information about warning devices, crossing characteristics, and reported incidents.
People recovering from serious injuries are not always able to gather this information themselves. Family members or an attorney may be able to help preserve important evidence before it is lost or overwritten.
Deadlines for Railroad and Government-Related Claims
Time limits can affect the ability to pursue a claim after a railroad crossing accident. The applicable deadline depends, in part, on who may be legally responsible.
For many personal injury claims against private parties in New Jersey, the statute of limitations is generally two years from the date of the accident. Missing that deadline may prevent a lawsuit from moving forward, subject to limited legal exceptions.
Under the New Jersey Tort Claims Act, a person seeking damages from a public entity generally must serve a Notice of Claim within 90 days after the claim accrues. A court may permit a late notice in limited circumstances, generally within one year after accrual, if statutory requirements are satisfied, including the requirement to demonstrate extraordinary circumstances and the absence of substantial prejudice to the public entity. The 90-day requirement concerns notice to the public entity and should not be confused with the separate deadline for filing a lawsuit.
Because railroad crossings often involve both public roads and privately operated rail systems, identifying every potentially responsible party early can be an important part of protecting your legal rights.
Frequently Asked Questions:
Can more than one party be responsible for a railroad crossing accident?
Yes. Liability is not always limited to one person or company. Depending on the circumstances, investigators may determine that responsibility is shared among a driver, a railroad company, a public entity, a contractor, or another party whose actions contributed to the collision.
Every case depends on its own facts, which is why investigators examine the crossing, warning devices, maintenance records, roadway conditions, and the actions of everyone involved before reaching conclusions.
Can I file a claim if the railroad crossing gates or warning lights failed?
Possibly. A malfunctioning gate or warning signal does not automatically establish liability, but it may become an important part of the investigation.
Investigators often review maintenance logs, inspection records, signal data, and prior reports involving the crossing to determine whether the equipment functioned properly before the collision. Those findings are considered alongside driver conduct and other evidence.
What happens if a government agency was responsible for the crossing?
Some railroad crossings involve public roads maintained by state, county, or municipal agencies. If roadway maintenance, traffic control devices, vegetation, or another public responsibility contributed to the accident, different legal procedures may apply.
Claims involving public entities are governed by the New Jersey Tort Claims Act, which establishes both special standards for government liability and procedural requirements, including a generally applicable 90-day Notice of Claim requirement. Identifying a potentially responsible public entity early can therefore be especially important.
How long do I have to file a railroad crossing accident claim in New Jersey?
The applicable deadline depends on who may be responsible for the accident.
Most personal injury lawsuits against private parties in New Jersey are generally subject to a two-year statute of limitations, while claims against public entities often require a Notice of Claim within 90 days, subject to the requirements and limited exceptions provided by law. Because these deadlines can vary depending on the circumstances, speaking with an attorney early may help preserve your legal options.
Brandon J. Broderick, Attorney at Law, Can Help After a New Jersey Railroad Crossing Accident
A railroad crossing is one place where roads, trains, technology, and public infrastructure all meet. When something goes wrong, figuring out what happened is rarely as simple as pointing to one mistake. Small details, such as when warning lights activated, whether vegetation blocked the view, or who maintained the crossing, can make a meaningful difference during an investigation.
You shouldn't have to piece those details together on your own while recovering from a serious injury.
Brandon J. Broderick, Attorney at Law, helps injured people and their families investigate railroad crossing accidents and understand their legal rights under New Jersey law.
Reach out to our team to discuss your accident, ask questions, and find out what information may help evaluate your claim.