Understanding Public Highway-Rail Grade Crossing: A Legal Overview

Definition & Meaning

A public highway-rail grade crossing is a location where a public road, street, or highway intersects with one or more railroad tracks at the same level. This includes any associated sidewalks or pathways. If a public authority is responsible for maintaining the roadway on both sides of the crossing, it is classified as a public crossing for regulatory purposes.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A driver approaches a public highway-rail grade crossing with warning signals and must stop for an oncoming train. If the driver fails to stop and an accident occurs, liability may be assessed based on the crossing's safety measures.

Example 2: A pedestrian using the sidewalk at a public highway-rail grade crossing must also adhere to safety signals. If an accident happens due to negligence, it may involve legal claims related to the crossing's maintenance. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Specific Regulations
California Requires additional signage and safety measures for crossings.
Texas Has specific penalties for violations at highway-rail grade crossings.
Florida Mandates public awareness campaigns about crossing safety.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Private Crossing A crossing not maintained by a public authority. Public crossings are maintained by public authorities, while private crossings are not.
Grade Separation A crossing where the road and railroad tracks do not intersect at the same level. Grade separations eliminate the crossing risk by having different elevations.

What to do if this term applies to you

If you find yourself at a public highway-rail grade crossing, always obey traffic signals and warning signs. If you're involved in an accident, document the scene and seek legal advice if necessary. For related legal forms or templates, consider using US Legal Forms as a resource to manage your legal needs effectively.

Quick facts

  • Definition: Intersection of public road and railroad tracks at the same level.
  • Regulatory Body: Federal Railroad Administration.
  • Key Consideration: Maintenance by public authorities.
  • Safety Measures: Warning signals and signage are required.

Key takeaways

Frequently asked questions

Always stop at the designated stopping point and wait for the train to pass before proceeding.