Per the Federal Railroad Administration’s Web site, there have been 10 reported accidents involving trains and motor vehicles at public and private crossings in Virginia through the first three months of 2006, assuming that the statistics are correct. There have been more since March 2006 in Virginia. As rural development and new roadways cross railroad tracks, inevitably there are increased crossing accidents. While motorists must be vigilant, logic dictates that railroads have a responsibility also in assuring that a highway/railroad crossing is safe also. Evidence is mounting that adding Stop Signs at crossings is not the answer.
As noted in another article on this blog (see Stop Sign article under “Train & Railroad Accidents” topic on this blog) , some rural railroad crossings with only stop signs are likely more dangerous than those railroad crossings with standard crossbucks (“X” shaped railroad warning signs). Prior to publication of a recent study showing crossing with stop signs are MORE DANGEROUS, the nation’s railroads have pushed for new state laws adding stop signs at railroad crossings.
While a casual safety advocate might believe the railroads are simply being safety conscious in wanting the stop signs, there is a more hidden agenda in the railroad efforts: if a crossing wreck occurs at a crossing with a stop sign, the railroad can defend an injury lawsuit by arguing that only the motorist is at fault for “failing to yield at a crossing controlled by a stop sign.”
Thus, the addition of the stop sign, separate from safety concerns, may serve to further insulate a railroad from being sued for injury or death.
Since new studies show that adding a stop sign makes a railroad crossing more dangerous, stop signs alone are a false hope for improving railroad crossing safety.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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