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Stopping on the Highway: Railroad Crossing

| Jan 11, 2017 | Railroad |

Railroad crossings and tracks are very dangerous to vehicles and pedestrians as well. A collision between a train and another, will not turn out well for the other. In addition to the law, basic common sense and a healthy sense of caution will serve a driver well when encountering a railroad crossing, where risks are to be avoided by default. Wisconsin law states as follows:

1337.5 STOP:  PEDESTRIAN CROSSING RAILROAD TRACKS

A safety statute requires that a pedestrian may not enter or cross a railroad crossing:

(a) While any traffic officer or railroad employee signals to stop;

(b) While any warning device signals to stop, except that, if the pedestrian, after stopping and investigating, finds that no railroad train or railroad track equipment is approaching, the pedestrian may proceed.

(c) If any crossbuck sign is maintained at the crossing, while a railroad train or railroad track equipment occupies the crossing or approaches so closely to the closing as to be a hazard of collision.

The statute also provides that a pedestrian may not cross through, around, or under any crossing gate or barrier at a railroad crossing, while the gate or barrier is closed or is being opened or closed. The statute also provides that a pedestrian may not cross through or around or climb over or under a railroad train or railroad track equipment while the railroad train or railroad track equipment occupies a railroad crossing.

1338 STOP:  NONOPERATION OF RAILROAD CROSSING SIGNALS

A driver who intends to cross a railroad track may not rely on the nonoperation of a safety device or absence of the usual flagman as an absolute assurance of safety and may not proceed without regard to his or her own safety; the driver must still exercise ordinary care for his or her own protection.  However, the presence or absence of warning guards and the proper functioning or nonfunctioning of guards or signals are circumstances to be considered in determining whether the driver used ordinary care.

McCormick Law Office in Milwaukee, Wisconsin has represented injured drivers and passengers in railroad crossing cases as well as emerging from or crossing an alley cases. Driving is a conscious activity, which requires active and engaged attention and response in order to be accomplished safely and effectively. Our attorneys get the best settlements in stopping cases when there is evidence of the defendant’s negligence in failing to follow simple stopping rules, resulting in causing damages, including medical bills, wage loss, pain and suffering. Direct evidence can include witness testimony or video footage of a rolling or incomplete stop. Indirect evidence can be an accident reconstruction based on debris, skid marks and vehicle damage.

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