Ice on the railroad tracks, can I sue?

Question

My car fishtailed atop a ridge of RR tracks that crossed the street. I was actually going 18 mph in a 20 mph zone. Is there any ground to sue here? Or at least get them to do something to fix the problem? Just curious...

Answer 1

You can sue anyone for anything.

I doubt you would prevail in your suit unless there was an injury or death, and I pray there wasn't.

The highway departments have taken the responsibility of plowing roads including the road crossings so I think they have assumed responisibility but they are going ot say it's not my problem.

The railroads are responsible for installing and maintaining the actual crossing planks but they do not plow public roadways. . . . . . . kind of a gray area I would think.

I have noticed in the rain the rubber crossings are much slicker than surrounding pavement.

My guess is that it would be a waste of your time, most people would say just drive for conditions and take the difference in temperature and traction into account in the future.

And for your advice, I have yet to post a question and not got a few smartalecky answers, even posted a few myself, dont let it bother you.

Answer 2

Was anyone hurt, did you crash?  Even if you did, you should have insurance for that.  If the roads have stuff on them, so will the RR tracks.

Answer 3

The tracks don't cross the road,   the road crosses the tracks.    Most commonly,  you were on railroad right of way as  a guest,   and have no basis to sue.     Secondly,  you fishtailed,  not ran over granny.   No harm-no foul,  you have no basis to sue.  

Your car won't fishtail unless you did something to make it break traction.   Please drive more carefully.

Answer 4

Remember it is your responsibility to maintain control of your vehicle at all times while driving.  What would you sue for?  Ice being on the tracks?  That would be like suing for ice being on the road.  It is winter and it is expected that there might be ice on the road, ie. railroad crossings.  Again it is your responsibility to drive in a safe manner not the railroad company.

Answer 5

So many lawsuits these days when they're totally unecessary. What, so now you'be been psychologicaly scarred by the incident? Give me a break...

Answer 6

Don't sue, you are the people that make America look bad. Just simply ask them to fix it that is all.

Answer 7

Ms. Trophy,

The railroads are charged with duty to maintain their property.  It is within the purview of that entity that is charged with plowing and dressing roadways to assure the crossings are maintained in safe condition.

The people charged with that duty in your specific area may be a municipal, county or state agency.  It is not a railroad problem.  It is a roadway problem.

People seem to forget, most everywhere there are tracks crossed by roadways, the tracks were there first.

For redress, contact the proper authority responsible for winter road conditions in your area.

That we live in a litigious society is no secret, but here, pursuing this problem will result in benefit to the public at large and I would urge you to follow through, at least to the point where to go any further would cost you any cash.  

It must be pointed out that, should a car fishtail to the point where the vehicle drops a wheel off the pavement and gets high-centered, either a tow truck or a train is going to get there first.  If there's no ice, there's no race for life...

And, yeah, I know what you mean 'bout some of the jerks 'round here.  But, any sanctimonious BS and I give 'em a tune up pretty quick.  The whole point of the exercise is to ask questions and receive answers without any belittlement.

The only stupid question is the one you DON'T ask...

Thanks for asking this one.

Answer 8

No wonder why all lawyers are rich. ;p

Answer 9

A good lawyer would say "prove it"  If you had a radar gun and a camera watching you i would say you have a case.  If not. Good luck.  Even then.  Was there Ice.  I hope you see where i am goin with this. Litigation is purely based on fact not hersay.

Answer 10

No

Are you going to think of sueing the state because ice forms on a bridge before the rest of the road?!

Answer 11

Michigan pretty much summed it up when he stated that even though you were under the speed limit, you were apparently going faster than the prevailing conditions would allow.

Trains don't do well on icy tracks either. You might want to send a letter with your concerns to the railroad. Sand or cinders on the track would be beneficial to the cars and trains as well.

It could be possible that they normally sand the tracks anyway and hadn't gotten to your section yet. If it were icy there, it would've been icy at a bunch of other places. They could've been really busy that morning. (Although locomotives do carry their own sand supply)

The good news is that you didn't wreck and you didn't get hurt. Send 'em a letter. It wouldn't hurt. Something might come of it- or not. You will have done your part.

Answer 12

go to the crossing and get the number off the sticker and call them, they will address the issue by sending out a local signal maintainer or track supervisor to investigate. As far as suing good luck, i am no lawyer so i don't know if you have a case

Answer 13

No not really. Snow and ice is something that occurs during winter. It's the season for it. That's why people just need to be careful when it's cold and freezing because anything can be frozen. That's the reason also why people need to slow down even more when they are not sure how the roads are really. S@#t happens and you don't want it happening to you. Just be thankful nothing happened to you.

Answer 14

Sorry you have no case the best you can do is contact the RR and provide them with the estimate, but I doubt that you are going to get what you want.

Answer 15

No. By remembering your basic science, you know that steel keeps it cold properties longer than ice. Personally, I go across tracks at a reasonable speed. It sounds as though you were trying to beat the signals. Did you have an accident and are afraid to tell the truth? 18 miles an hour isn't fast enough to fishtail unless you're in the process of accelerating. Of course, you were probably talking on the cell phone at the time too.

Answer 16

You live in a dangerous world, get a helmet. Not everything can be as safe as we like. The government already tries to protect us to much and we lose more and more rights everyday. You need to be more aware of your surroundings to understand what can mix to make a situation scary like a RR crossing on a curve in the winter, or bridges in the winter. Somethings are always gonna be tricky. The only one responsible for what happens to you, is you.

18 in a 20? 20 is the speed limit, that means 20 is the safest speed one can traverse the road in ideal conditions. Apparently you were not driving in ideal conditions. Did you damage your car? No harm no foul. A truck almost hit me the other day, can I sue?

Write them a letter. Letters are very powerful.

Happy driving.

Answer 17

Don't be ridiculous. You fishtailed your car and you want to sue somebody?

You can't sue for ice on the railroad tracks. No matter what the speed limit is, you are supposed to be driving a safe speed for the road conditions. If you're going too fast for the icy conditions - even if you're going under the speed limit - it's your own fault. If you doubt this, the police will confirm it for you.

BTW, how many lawsuits do you have pending right now?

Answer 18

Unfortunately the load is on you to slow down enough to anticipate a possible slippery condition. that is part of defensive driving and accepted in the courts. the railroad cannot be there for the thousands of icy patches that could exist. The judge would not hear the case--it is a frivolous lawsuit. even serious wrecks at rail crossings are blamed on the motorists. Licensed adult drivers are supposed to be smart and careful and a judge will happily prove that to you if you tangle with the railroads.