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Re: Supervisor Arnold on SMART vs. NCRA -Who is Telling the Truth?
Author: Bit
Date: 08-23-2008 - 13:36
From the United States Department of Transportation - Federal Highway Administration
Rails-with-Trails: Lessons Learned
Literature Review, Current Practices, Conclusions
Almost 3,500 highway-rail incidents occurred in 2000, a dramatic decrease from the 5,715 reported in 1990 (see Figure 4.2). In almost three-quarters of the cases, a train strikes a motorist. However, the motorist is almost always at fault, having ignored warning signs, bells, lights, even gates. Automobile, van, and truck crashes make up 83 percent of railroad collisions. Pedestrian crashes only account for about 2 percent (see Figure 4.3). These incidents reveal the dangers of trains interacting with people, whether in a car or on foot. Since 1975, the number of trespass fatalities has risen and fallen. Over the past seven years, the number of trespass fatalities has remained approximately 500 per year, a number that now exceeds deaths at highway-rail crossings. As a result, trespasser fatalities represent the greatest loss of life associated with railroad operations.
Researchers queried trail managers, railroad officials, and official railroad industry records for historical trends and information about at-grade RWT-track crossings. The available official documentation yielded no crash information. None of the trail managers or railroad officials reported any crashes along the RWTs studied for this report. The Reading and Northern Railroad official for the Lehigh River Gorge Trail, however, did report frequent close calls.
The Rails-to-Trails Conservancy's (RTC) 2000 report, Design, Management, and Characteristics of 61 Trails along Active Rail Lines, identified one crash that occurred at an at-grade road crossing on the Illinois Prairie Path. The bicyclist ignored the warning bells and flashing lights, rode around a lowered crossing gate, and collided with the train. Technically, this incident did not occur on the trail corridor but at an adjacent, pre-existing highway-rail crossing.
RTC found another incident involving a boy in Alaska, who used the Tony Knowles Coastal Trail to approach the tracks. The boy climbed under a damaged fence then attempted to hop onto a passing freight train, with tragic results [severe injury]. The City of Anchorage, which manages the trail and assumed liability, settled the case with the plaintiff for $500,000. The railroad was held harmless from any liability for this accident by the terms of its indemnification agreement with the City. Subsequently, the Alaska Railroad Corporation took out a $10 million per incident insurance policy with a $100,000 deductible at a cost of $15,000 per year.
Although these are the only known RWT incidents, and although no reported crashes appear to have occurred where RWTs cross active rail tracks at grade, it is important to recognize the potential dangers of human interaction with moving trains.
Many RWT agreements specify design features that are intended to reduce liability potential, such as fencing, landscaping, crossing design, and maintenance. None of the railroad officials interviewed reported an increase in liability costs since the adjacent trail was developed, nor had they had their indemnification agreements challenged in court.
Rails-with-Trails: Lessons Learned
Literature Review, Current Practices, Conclusions
Almost 3,500 highway-rail incidents occurred in 2000, a dramatic decrease from the 5,715 reported in 1990 (see Figure 4.2). In almost three-quarters of the cases, a train strikes a motorist. However, the motorist is almost always at fault, having ignored warning signs, bells, lights, even gates. Automobile, van, and truck crashes make up 83 percent of railroad collisions. Pedestrian crashes only account for about 2 percent (see Figure 4.3). These incidents reveal the dangers of trains interacting with people, whether in a car or on foot. Since 1975, the number of trespass fatalities has risen and fallen. Over the past seven years, the number of trespass fatalities has remained approximately 500 per year, a number that now exceeds deaths at highway-rail crossings. As a result, trespasser fatalities represent the greatest loss of life associated with railroad operations.
Researchers queried trail managers, railroad officials, and official railroad industry records for historical trends and information about at-grade RWT-track crossings. The available official documentation yielded no crash information. None of the trail managers or railroad officials reported any crashes along the RWTs studied for this report. The Reading and Northern Railroad official for the Lehigh River Gorge Trail, however, did report frequent close calls.
The Rails-to-Trails Conservancy's (RTC) 2000 report, Design, Management, and Characteristics of 61 Trails along Active Rail Lines, identified one crash that occurred at an at-grade road crossing on the Illinois Prairie Path. The bicyclist ignored the warning bells and flashing lights, rode around a lowered crossing gate, and collided with the train. Technically, this incident did not occur on the trail corridor but at an adjacent, pre-existing highway-rail crossing.
RTC found another incident involving a boy in Alaska, who used the Tony Knowles Coastal Trail to approach the tracks. The boy climbed under a damaged fence then attempted to hop onto a passing freight train, with tragic results [severe injury]. The City of Anchorage, which manages the trail and assumed liability, settled the case with the plaintiff for $500,000. The railroad was held harmless from any liability for this accident by the terms of its indemnification agreement with the City. Subsequently, the Alaska Railroad Corporation took out a $10 million per incident insurance policy with a $100,000 deductible at a cost of $15,000 per year.
Although these are the only known RWT incidents, and although no reported crashes appear to have occurred where RWTs cross active rail tracks at grade, it is important to recognize the potential dangers of human interaction with moving trains.
Many RWT agreements specify design features that are intended to reduce liability potential, such as fencing, landscaping, crossing design, and maintenance. None of the railroad officials interviewed reported an increase in liability costs since the adjacent trail was developed, nor had they had their indemnification agreements challenged in court.
