Research shows that a stop sign is the most dangerous type of warning system at a railroad crossing. The safest is an "active" warning system which include flashing lights and gates. Despite this research, the Federal Highway Administration proposes only to require a stop or yield sign at every railroad crossing in the country.
Stop signs at railroad crossings pose two types of specific dangers. One is that large vehicles, such as school buses, require about 10-15 seconds to clear a crossing. This may not be enough time to clear the crossing before an oncoming train would arrive, even one that could not be seen when the vehicle began crossing. The second is that some stop signs are placed too far from the crossing to allow a clear line of sight to see if there is an oncoming train. These problems are why the National Cooperative Highway Research Program has strongly and continually recommended that engineering analysis determine the safest warning system at each railroad crossing. The American Association for Justice has urged the FHWA to drop this proposal based on decades of research and experience and its letter may be reviewed here.
This proposed agency rule also offers an illustration of the continuing efforts to use the preemption doctrine to insulate corporations from accountability, responsibility and liability. The preemption doctrine would hold that installation of a stop sign and the compliance with federal regulation that it would entail would bar any liability under state law for an unsafe crossing. That is no justice: issue an unsafe federal regulation that encourages dangerous practices and prevents any responsibility or liability.
Robert L. Abell
www.RobertAbellLaw.com
