The standards of care have been partially changed by a recent case, decided in Summit County, tried by this contributor, which said in essence that the warning devices and gates are necessary when needed, and that is a factor to be considered by the jury in holding the railroad liable. In most states, including Ohio, failure to hold railroads responsible is the trend of law. This merely shifts the risk from the private sector and makes individuals responsible for carelessness and an uncaring attitude by the railroads who use our roads and encroach upon the state highway system without any kind of benefit to Ohio or other states where the roadway is used. Reasonable care by the railroad should require the crossing engineers to anticipate traffic, weather, lighting conditions and conditions of the roadway, in designating safe crossings and to make appropriate safety requirements for the operating engineers of the trains. Train speeds and whistles are another factor in accidents.
Engineers do whatever is necessary to make up lost time.
They record their speed on train tapes that sometimes show 80 miles an hour when approaching crossings, especially in small-town areas. Whistle posts are placed without regard to train speeds or whistle audibility at the crossings. They don't consider the masking effect of local factory noise, diesel truck engines, school kids, motorcycles and other loud noises that do not allow oncoming traffic to hear the whistle. They are old-fashioned, and modern warning devices should be placed at the crossings. Lastly, there is inadequate protection at crossings.