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BNSF to pay $4M in Anoka MN crash judgment
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<P mce_keep="true">[quote user="tree68"] <P>[quote user="Bucyrus"] <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=verdana,geneva>I believe your example of the missing stop sign would be accurate, however I believe the analogy you make between your stop sign example and railroad crossings protected by lights and gates is incorrect.</FONT></P> <P>[/quote]</P> <P><FONT face="comic sans ms,sand" color=#003300>What we have to concern ourselves with is the public's <I>presumption</I> that they will be suitably warned by the installed warning devices if a train is approaching. </FONT></P> <P><FONT face="Comic Sans MS" color=#003300>The law may state that the crossbucks alone demand that a motorist yield to an approaching train, and I would argue that most people would exercise that caution at a crossing protected only by crossbucks (well, some people would).</FONT></P> <P><FONT face="Comic Sans MS" color=#003300>But the public <I>presumes</I> that the installed warning devices will function properly, thus providing the necessary warning. They will also presume that if the devices are not functioning, that there is no train approaching the crossing.</FONT></P> <P><FONT face="Comic Sans MS" color=#003300>Right, wrong, or indifferent, it is a factor that I feel is a major player in this case.</FONT></P> <P>[/quote]</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=verdana,geneva>I absolutely agree that the public presumes infallible protection from the signals, as you say.<SPAN style="mso-spacerun: yes"> </SPAN>And if the signals did indeed fail in the Anoka case, that presumption probably played a role in the driver failing to see the approaching train.<SPAN style="mso-spacerun: yes"> </SPAN>And also, the crossbuck plays exactly the same role at a non-signaled crossing as well, and I do agree that drivers are more inclined to yield at non-signalized crossings because drivers realize that there are no signals to rely on there.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P><FONT face=verdana,geneva> <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p></FONT> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=verdana,geneva>However, according to OL, FRA, and MNDOT, it is illegal for drivers to pass through a signalized grade crossing while not yielding, but rather, presuming that if the warning devices are not functioning, there is no train approaching.<SPAN style="mso-spacerun: yes"> </SPAN>I could not get a response to a letter to the Minnesota Highway Patrol asking for their comment on this, and the officer I spoke to on the phone seemed unaware of the requirement to yield to a non-activated, signalized crossing.</FONT></P><FONT face=verdana,geneva> <o:p></o:p></FONT> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=verdana,geneva>This point is interesting to me because I don’t believe many drivers yield to non-activated, signalized grade crossings, or even realize that they are supposed to.<SPAN style="mso-spacerun: yes"> </SPAN>They naturally presume that the signals will protect them as you say.<SPAN style="mso-spacerun: yes"> </SPAN>Interestingly, recent studies have shown that most drivers are not even aware of the fact that a crossbuck means yield.<SPAN style="mso-spacerun: yes"> </SPAN>Instead, they simply interpret the crossbuck as an identifier of a railroad crossing.<SPAN style="mso-spacerun: yes"> </SPAN>Therefore, there is a nationwide task underway to install YIELD signs on all non-signalized grade crossings, in addition to the crossbucks on them.</FONT></P><FONT face=verdana,geneva> <o:p></o:p></FONT> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=verdana,geneva>I asked OL, FRA, MNDOT, and MHP why they are not adding YIELD signs to signalized crossings for the same reason they are adding them to non-signalized crossings.<SPAN style="mso-spacerun: yes"> </SPAN>After all, if the crossbuck requires drivers to yield at signalized crossings that are non-activated, as a precaution in case of signal failure upon the approach of a train, and drivers don’t know that the crossbuck means yield, then it would be just as important to add YIELD signs to signalized crossings as it is to add them to non-signalized crossings.<SPAN style="mso-spacerun: yes"> </SPAN>However, OL, FRA, MNDOT, and MHP either would not comment on that or said that adding YIELD signs to signalized crossings would confuse drivers, and would not be necessary because the automatic signals cannot fail to activate. </FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA"><FONT face=verdana,geneva size=2></FONT></SPAN> </P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA"><FONT face=verdana,geneva><FONT size=2>I get the impression that these agencies are in somewhat of a catch-22 about telling drivers they can’t rely on the automatic signals, on one hand, and on the other hand, admitting that those signals can fail to activate.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></FONT></SPAN></P>
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