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AAJ Urges FRA to Hold Railroad Companies Accountable for Private Grade Crossing Safety
Federal Railroad Administration seeks comment on rules

Wednesday, December 6, 2006 (Washington, DC)—The American Association for Justice today urged the Federal Railroad Administration to take the steps necessary to improve the safety of private highway-rail grade crossings that present a danger to motorists, railroad employees and those who might be adversely affected by a train derailment in their neighborhoods.

"The railroad industry is evading responsibility and not being held accountable for dangerous railroad crossings'' said Jon Haber, CEO of the American Association for Justice. "The sweeping and unwarranted protections afforded the rail industry remove any incentive to keep these crossings safe.''

In a letter to Eugene A. Conti Jr., the assistant secretary for transportation policy in the U.S. Department of Transportation, AAJ noted that the U.S. Supreme Court's opinion in the Shanklin case (Norfolk Southern Railway v. Dedra Shanklin) freed railroad companies from installing safety equipment required by the individual states, determining the minimal requirements set out by the federal government are sufficient.

That means scores of rail crossings across the country, particularly in the West, which might require gates or warning lights to assure the public's safety under state law are left without needed protections. State courts find themselves powerless to hold railroads responsible for their failure to maintain safe crossings. AAJ maintains the FRA should enforce contracts between the rail companies and property owners where the crossings are situated.

AAJ sent the letter in response to the FRA's decision to consider issues related to rail crossing safety. The FRA has conducted several public meetings on the issue and may consider revising its rules.

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As the world's largest trial bar, AAJ promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With 60,000 members worldwide, AAJ provides lawyers with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.