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Started By
Message
re: Vehicle damaged by Railroad crossing guard...Railroad not accepting responsibility
Posted on 8/27/22 at 9:44 pm to RatchetStrap
Posted on 8/27/22 at 9:44 pm to RatchetStrap
Trains run on exactly the same schedule every day. Go sit out there and wait to see if it happens again….and if it does, video the shite.
It is going to be an uphill battle, as railroads are a lot more powerful than both city and county governments. They can typically eliminate a railroad crossing anytime they get ready to.
It is going to be an uphill battle, as railroads are a lot more powerful than both city and county governments. They can typically eliminate a railroad crossing anytime they get ready to.
1
Posted on 8/27/22 at 10:28 pm to RatchetStrap
quote:
As I approach to cross the tracks, the guard rail lights begin flashing and begin to come down. I immediately stop and can't get into reverse fast enough as the guards come down in a matter of seconds
Lesson learned. Next time I suggest continuing on your way and not stopping in the middle of a railway crossing.
Posted on 8/27/22 at 10:30 pm to RatchetStrap
And thus, the term “railroaded” became much more clear to citizen ratchetstrap that day.
Posted on 8/27/22 at 10:46 pm to RatchetStrap
I’ve seen this before. A guy I know got his local sheriff involved because as others have stated the RR Police are powerful, & thought they were more powerful than the sheriff, he took offense to this, but found out they are not. Get him and your local government to go to bat for you, if they will and get an attorney. There are specific rr attorneys for this situation.
This is how he handled it, was successful, & also had a hurt neck. Good luck
This is how he handled it, was successful, & also had a hurt neck. Good luck
Posted on 8/27/22 at 11:02 pm to Ghost of Colby
I did not stop in the middle of the crossing, it was the guard on my side of the track that came down on me. I would not have stopped in the middle of a crossing during a down pour.
Posted on 8/27/22 at 11:06 pm to potent357
Idk, but it is actually U.P.
Posted on 8/27/22 at 11:12 pm to The Boat
quote:
The railroad can do whatever the frick they want and answer to nobody
That’s definitely the truth, just ask the surviving family members in Tangipahoa Parish.
Posted on 8/27/22 at 11:18 pm to The Boat
quote:Technically they answer to the Feds, but those "campaign donations" from Warren Buffet and their ilk keep them at bay. Any situation like this they're going to tell you tough shite and frick off though because they know you're not going to do anything about it since it'll take years for anything to get to court.
answer to nobody
Posted on 8/27/22 at 11:26 pm to Ponchy Tiger
quote:
The have as much or more power than state police.
Not really true since their jurisdiction is only on that particular railroads property.
Posted on 8/27/22 at 11:31 pm to RatchetStrap
Yet another reason. I preach dash cams.
Event reading this. You're crazy if you don't have one. Literally $25 at Walmart or you can spend more for better. Your words are never enough.
Event reading this. You're crazy if you don't have one. Literally $25 at Walmart or you can spend more for better. Your words are never enough.
This post was edited on 8/27/22 at 11:32 pm
Posted on 8/27/22 at 11:33 pm to Spankum
quote:
Trains run on exactly the same schedule every day
Posted on 8/28/22 at 5:13 am to The Boat
quote:
The railroad can do whatever the frick they want and answer to nobody
This is 100% the answer. Been in the rail industry for 32 years and I have come to learn some irrefutable truths …the RR’s absolutely do what they want and can basically charge what they want for their services.
Posted on 8/28/22 at 6:14 am to RatchetStrap
Chainsaw every cross arm you come across for 20 years…see how the cocksuckers like that.
Posted on 8/28/22 at 6:19 am to RatchetStrap
Why do people tell stories in the present tense when they've already happened? This shite drives me insane.
Posted on 8/28/22 at 6:23 am to RatchetStrap
You have no proof.
They will not pay you for anything, and no court will make them do such a thing.
Don't get a lawyer, as you will pay him money to only end up having to get your insurance cover your damages and then pay for the legal defense of the RR company when you lose the case.
Cut your losses.
They will not pay you for anything, and no court will make them do such a thing.
Don't get a lawyer, as you will pay him money to only end up having to get your insurance cover your damages and then pay for the legal defense of the RR company when you lose the case.
Cut your losses.
Posted on 8/28/22 at 6:59 am to RatchetStrap
Try to follow up your claim with a their Claim Rep for the area. On each signal case there is a LDOTD crossing number specific to that crossing. It would be helpful if you could get that number when conversing with the RR rep.
Automatic grade crossing signals now are equipped with a computer that records activity and malfunctions. Ask for a readout of the activity at the time of your damage claim.
They will be reluctant to ascertain this report because if there was in fact a malfunction then it must be reported to the Federal Railroad Administration, and that goers against their Safety record.
You’re kinda of in a pickle. If there was an injury or fatality then this is SOP. But not for a dented hood.
Automatic grade crossing signals now are equipped with a computer that records activity and malfunctions. Ask for a readout of the activity at the time of your damage claim.
They will be reluctant to ascertain this report because if there was in fact a malfunction then it must be reported to the Federal Railroad Administration, and that goers against their Safety record.
You’re kinda of in a pickle. If there was an injury or fatality then this is SOP. But not for a dented hood.
Posted on 8/28/22 at 7:01 am to RatchetStrap
Get Gordon and get it done.
Posted on 8/28/22 at 7:13 am to RatchetStrap
quote:
As I approach to cross the tracks, the guard rail lights begin flashing and begin to come down. I immediately stop and can't get into reverse fast enough as the guards come down in a matter of seconds and one sets down across my hood.
100% your fault.
Have seen this dumbass move several times firsthand.
If you had just kept going like a normal person the gates would have never touched your truck. They don't start coming down until several seconds after the lights start flashing to allow traffic to clear. Which traffic does just fine when people don't panic, spike their brakes, and stop directly under the gate like you did.
Posted on 8/28/22 at 7:16 am to Planetarium
quote:
Two scenarios;
1. Your story is BS. The gates didn’t malfunction. You were the first vehicle stopped, you pulled too far forward and the gates hit you. If so, that’s in no way the RRs fault.
Or
2. What you say is true. However, you left out the fact that when you started across the crossing while the gates were going up, the red lights were STILL flashing, in which case you broke the law, REGARDLESS if there was a malfunction and the gates came back down. You’re not only at fault, but you can bet the RR police are mailing you a ticket.
I gave you your only upvote.
No one has personal responsibility anymore.
I'm really getting a kick out of the clowns saying he should claim back and neck injuries.
Just how could that happen? The gates are breakaways. Idiots.
This post was edited on 8/28/22 at 7:19 am
Posted on 8/28/22 at 7:38 am to beachdude
quote:
bullshite. Intermittent electrical anomaly and the RR knows it. Their first reaction is to send that denial letter
This. Your claim didn't even make it to a lawyer. There are probably a couple $10/hour workers under instructions to send that form letter automatically to every claim received, regardless.
This is why you have to claim with your insurance company. Prepare a lot of documentation. Pics of your car and damage, location info, testimony from others, any numbers identifying the crossing.
Your insurance company knows their insurance company on a first name basis. Someone at Mutual of Omaha or Geico calls Union Pacific and CSX every week to figure something out.
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