Buffalo is crisscrossed by railroad tracks, some of which are now unused and may be poorly maintained. The laws surrounding the maintenance of railroad tracks where they intersect roadways can become very complicated, and the responsibility of multiple parties may need to be explored when pursuing a personal injury lawsuit.
Generally, where a railroad track crosses a road, it is the duty of the railroad to construct an area surrounding the tracks that is serviceable for both the trains and vehicles using the road. Because this duty is imposed on the railroad by statute, courts have ruled that they are also required to maintain this portion of the roadway and, as a result, are liable for any injury arising from failure to maintain the tracks. While some courts have ruled that this duty may not be delegated to another party, in other cases, an injured person has been allowed to proceed against both the railroad and another party, such as a municipality, that agreed to take over maintenance.
The municipality may also be exposed to liability if, for example, it performed work on the area surrounding the tracks even though it was not obligated to do so. It’s assumption of maintenance duties is sufficient to make it responsible for at least part of any damages that arise from a dangerous condition.
In the case of crossings for abandoned railroad lines, there is a specific procedure that the railroad must go through to transfer responsibility from the railroad to the municipality that maintains the road. Failure to follow this procedure results in the tracks still being the responsibility of the railroad, even if they no longer use them.
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