Right of way?

Question

An emergancy vehicle is approching a light rail crossing. when the vehicle is crossing the street before the rails, it gives the signel that a train is approching. BUT the emergancy vehicle has its lights and sirens going. Who has the "right of way" in this case, the vehicle or the train

Answer 1

There is no "right-of-way" law for railroad crossings because of the physics involved. Trains don't stop at crossings because they can't stop at railroad crossings. Vehicles stop because they can. If it is a true emergency, and there is truly time for the emergency vehicle to cross, the driver will make the decision. If the train is at the crossing, it doesn't matter what vehicle is coming, the train keeps going, unless of course some yahoo tries to beat the train and loses, in which case the train stops about half a mile or more down the tracks untill the body is removed and the carcass of the vehicle dragged off.

Answer 2

Hi,

The lights and sirens on the emergency vehicle are there to warn other motorists that the vehicle is near and requires through access, etc.

NO emergency vehicle has the 'right' to ignore traffic signals, neither red lights nor rail crossing indicators. If any emergency vehicle driver was involved in an accident while crossing a red light, that driver would be responsible for any accident and could be sued for compensation by anyone involved.

The rail crossing lights mean STOP...that is ALL vehicles. Of course, human nature being what it is and dependent on the nature of the emergency it is entirely possible that the emergency vehicle driver would 'take the chance' to cross before the train got there.

That would be a judgement call, NOT a right.

When the crossing lights are on the train has the right of way, and, as has been pointed out elsewhere, quite possibly wouldn't be able to stop in time anyway.

Hope that helps, (it obviously doesn't help the hundreds of drivers on rail crossing in the USA, who think they can 'make it' each year on unmanned crossing...they often don't!)

Cheers,

BobSpain

Answer 3

The train. Having the right of way presumes that the other vehicle has the ability to yield. Given that it takes over a mile to stop a train from 50 MPH, it has the right of way at all times.

Furthermore, an emergency vehicle does NOT have the right of way simply because the lights and siren are in use. They serve ONLY as a warning to other road users of the presence of the emergency vehicle. Emergency vehicle operators will still be held accountable for an accident that results from their failure to yield the right of way. Normally they are shielded from personal liability for any damages but they are still responsible for the safe operation of their vehicle.

Answer 4

The train can't stop that fast and even if the conductor tried, the train could face derailment. The train has the right of way. In a lot of states, emergency vehicles don't necessarily have the right of way, it is just a courtesy.

Answer 5

The train has the right of way to cross because firstly it cannot stop fast, secondly, as others described, the stop signal means to stop all vehicles.
An ambulance cannot cross any red light, even a red traffic light.
Just because the ambulance is in emergency doesn't mean it causes others too to make an emergency call.

Answer 6

This is a practicality question. The train, of course. Might makes right and no law will ever affect the outcome of a vehicle on the tracks when a train hits it. It would be STUPID to challenge a train for the right of way, just as it is stupid for a sailboat to challenge a supertanker even though the law says the sailboat has the right of way. Use your intelligence. You are NOT thinking...

Answer 7

The train.

10 MILLION pounds always trumps 3,000 pounds.

Answer 8

A train can't stop as fast as you may think.

Answer 9

the train is the hardest to stop.