Understanding Relevant Collision [Transportation]: Legal Definitions and Implications
Definition & meaning
A relevant collision refers to an incident at a highway-rail grade crossing where a train collides with a motor vehicle. However, certain situations are excluded from this definition:
Collisions caused by a failure of the active warning system at the crossing.
Collisions that occur when there is no driver present in the motor vehicle.
Collisions where the vehicle strikes the side of the train beyond the fourth locomotive unit or rail car.
Additionally, in areas designated as Pre-Rule Partial Quiet Zones, collisions during times when the locomotive horn is regularly sounded are not considered relevant collisions.
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This term is primarily used in transportation law, particularly in regulations concerning railway safety and public highway-rail grade crossings. It is relevant in civil law contexts, especially when assessing liability in accidents involving trains and vehicles. Users may need to utilize legal forms to address issues arising from such incidents, including liability claims or insurance matters.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A driver approaches a grade crossing and fails to notice the warning lights and gates. The vehicle collides with the train, resulting in a relevant collision.
Example 2: A train is involved in a collision with a parked vehicle at a crossing where no driver is present. This incident would not be classified as a relevant collision. (hypothetical example)
Relevant Laws & Statutes
Relevant laws include Title 49 of the Code of Federal Regulations, particularly Part 222, which governs the use of locomotive horns at public highway-rail grade crossings. These regulations aim to enhance safety and establish guidelines for determining relevant collisions.
State-by-State Differences
State
Relevant Collision Definition
California
Follows federal definitions but includes additional state-specific regulations regarding warning systems.
Texas
Adheres to federal guidelines; however, local ordinances may impose stricter safety measures at crossings.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Collision
A general term for any incident where two objects strike each other, not limited to train and vehicle incidents.
Accident
A broader term that includes any unintentional event causing damage or injury, including but not limited to relevant collisions.
Common Misunderstandings
What to Do If This Term Applies to You
If you are involved in a collision at a highway-rail grade crossing, it is crucial to gather evidence, including photographs and witness statements. You may need to file a report with local authorities and consider contacting your insurance provider.
For legal matters arising from the incident, explore US Legal Forms for templates that can help you navigate the claims process. If the situation is complex, seeking professional legal advice is recommended.
Quick Facts
Typical fees: Varies based on legal representation and claims.
Jurisdiction: Federal and state laws apply.
Possible penalties: Liability for damages and injuries may apply.
Key Takeaways
FAQs
Report the incident to local authorities and provide any evidence you can gather.
No, only those meeting specific criteria outlined in federal regulations.
Liability is determined based on the circumstances of the collision, including adherence to safety regulations.
