Define liability when applied to the railroad right of way?

Question

original agreements with railroad operators said that because the government gave them sections of land (every other section) the railroad would accept all liability for any and all incidents occuring within the given right of way

Answer 1

Unfortunately, to the best of my knowledge, your information is false.

Federal Law stipulates it is ILLEGAL to trespass on the right of way, and any crossings are the problem of the local municipality or state if its a state road.
Most railroads are covered under Federal Law because it is Interstate Commerce, and the law was extended to smaller carriers. Its highly illegal to trespass on railroad property, period.

My own take on liability, is that it is the trespassers fault, regardless of what happened. The railroad is on a Federally protected right of way, and the trespasser made the ill decision to walk on the tracks at their own risk, despite knowing the dangers, breaking the law, and probably passing "No Trespassing" signs in some places. Once that threshold is passed, the railroad and operating crew should be free of all responsibility as what transpires is out of their control.

Crossing incidents occur on a municipal or state road (and occasionally private), and by law in all 50 states, the train has the right of way, and ALL road vehicles must yield the right of way to the train. All thats required of the train on approach to a public crossing is two long, one short, and one long blast on the horn, and if moving over 20mph, have ditchlights on. That is it. There is no requirement for automatic warnings (lights, gates) as the crossbucks (Railroad Crossing) has the same meaning by law as a yield, and if nescessary stop sign, regardless if there are present lights/gates, functioning or malfunctioning, the signs are there. A railroad crossing should be treated by the automobile driver as any other intersection. Crossings are tested once a month by law, and in the meantime, it is the public's responibility to report any problems to 911 if there is a malfunction and its 911's resposibility to report this to the railroad which by Federal law must impose a stop and protect order for trains going over the crossing of which there is a complaint.

So, in short.

Someone trespassing by walking on or near the right of way or on equipment injured or killed should assume FULL liability of their actions and the railroad be released of liability.

Crossing incidents, short of no horns, no headlight and ditchlights, on-top of a malfunctioning crossing, by law the train has the right of way, it should be the assumed liability of the driver unless proven other wise. And if there's another twist, and investigation proves the driver ignored warnings and tried to beat the train, all liability should be removed from the railroad and they should be protected from lawsuit.

Answer 2

Recently I was involved in a Train/Pedestrian accident and was shocked to find out that if the railroad doesn’t give you permission to be on railroad property YOU ARE A TRESPASSER.