Guide to Blocked Railroad Crossing

A Legal Overview and What to Do If You’re Injured

From December 2019 to mid-2023, the Federal Railroad Administration (FRA) received over 71,000 reports about blocked railroad crossings. Close to 800 of these reports came from Kentucky, and about 336 Kentucky-based complaints were made  last year.  Over half of these reports (172) came from Jefferson County with the next highest coming from Pulaski County (34) Nine reports indicated  that the crossings were blocked for at least six hours.

These blockages prevent traffic from moving as designed through parts of Kentucky, but even more importantly, they create significant dangers for the community. Children have been captured on video, crawling under the trains to get past the blocked crossings on the way to school. Additionally, the blocked crossings often prevent fire trucks, ambulances, and other first responders from reaching people who need help.

Are Blocked Crossings Legal?

In Kentucky, blocked railroad crossings are illegal, which has been true since  since 1970.  However, the law has  been unenforceable since 2020.

Kentucky Revised Statute 277.200 states, “No railroad company shall obstruct any public highway or street… by stopping and permitting trains, engines, or cars to stand upon a public grade crossing or upon a drawbridge for more than five minutes at any one time.” However, the law also contains the following caveat: “unless such stopping or standing is caused by circumstances outside of the control of the railroad company.”

Why Isn’t Kentucky Enforcing the Blocked Crossing Law?

There are over three dozen states that have this type of law, and right now, it’s not really being enforced anywhere. After officials in Ohio repeatedly cited one railroad company for frequent  blockages, the issue went to court.

The Ohio Supreme Court held  that the Interstate Commerce Commission Termination Act gives the Federal Surface Transportation Board exclusive jurisdiction over transportation by rail carriers, while the Federal Railroad Safety Act gives states the right to enforce laws related to railroad safety.

After considering both of these laws, the Ohio Supreme Court decided that the state’s Blocked Crossing Statute didn’t relate to safety and thus states don’t have the right to make blocked crossing rules based on the Safety Act.

The State has petitioned the United States Supreme Court to hear the case, and at the time of writing, the case is still pending review. When petitioning the Supreme Court, the State of Ohio argued that the Ohio Supreme Court was overly limited in its interpretation of safety. In particular, it claims that the Safety Act should not just consider the safety of railroad employees and passengers. Instead, it also needs to consider all public safety concerns.

Is There a Federal Law About Blocked Crossings?

Right now, there are no federal laws related to blocked railroad crossings. However, the United States Supreme Court has ruled in the interest of public safety over the railroads in the past.

In 1921, Erie R. Co V. Bd. of Pub. Util. Comm’rs ruled that the public’s interest in using the streets trumped the railroad’s interest in using the crossings. A case from 1928, Lehigh Valley R. Co v. Bd. of Pub. Util. Comm’rs, echoed this ruling.

Why Do Trains Block Crossings?

Trains block crossings for a variety of reasons including

• Mechanical issues
• Waiting for a repair crew — Repair crews have strict limits on the hours they can work.
• Domino effect — Sometimes, trains need to stop due to a train blocking the tracks ahead.
• Unloading — Remember some trains have 1000s of cars. Part of the train may be in the station being unloaded, while the rest of the train is blocking a cross.

How to Report a Blocked Crossing

If you see a blocked crossing, you can report it online to the Federal Railroad Administration. You should not use this online application to report emergencies. Also, you shouldn’t assume that making a report will lead to changes or legal actions against the railroad.

The report is purely for informational purposes. It allows the FRA to learn more about the impacts of blocked crossings. When you enter the report, you must affirm that you understand there may be an operational or safety reason for the blocked crossing.

There is a toll-free phone number printed on the blue signs found at most train crossings. You can also call this number to report a blocked crossing or any other issues that occur at a crossing. In some cases, the railroad companies aren’t aware that the trains are blocking traffic, and they can sometimes move the trains after they receive notice.

What If You Get Injured Due to a Blocked Crossing

If you are injured at a blocked crossing, these are steps that you should take.

1. Seek medical treatment — After an injury, adrenaline often convinces people that they aren’t hurt. Even if you feel fine, go seek medical treatment. This helps to ensure that you aren’t overlooking any injuries. It also creates a paper trail that connects your injuries to the blocked crossing.
2. Note details about the blocked crossing — Note the location of the blocked crossing. There should be a blue sign showing which train company owns the crossing. Also, look for train company markings on the railcars. 
3. Take photos — Photos can be critical if you’re trying to establish negligence and liability. Take photos of your injuries and the train.
4. Talk with witnesses — If possible, talk with other witnesses in the area. See if they are willing to make a statement about the injuries. They may also have additional details about how long the train was stopped and any actions the employees took along the tracks.
5. Consult with a personal injury attorney — Often, people just accept their losses, and they don’t realize that they could have received coverage for the losses. The railroad company may be liable for any injuries or deaths that occurred as a result of the blocked crossing.

Unfortunately, you generally won’t be able to hold the trains liable for losses such as missing hours from  not being able to get to work on time. It can also be very hard to assess liability in situations where someone dies or suffers due to a first responder being delayed by a blocked crossing. However, if you or a loved one is injured, you may be able to seek compensation.

Contact Us Today

At Satterley & Kelley, we are focused on helping our clients get justice when they are injured due to another party’s negligence. To provide our clients with the highest level of support, we focus on railroad liability, asbestos-related litigation, and truck accidents. Wondering if we can help you? Then contact us today for a free consultation.