Nebraska Complaint regarding Train and Automobile Collision

State:
Multi-State
Control #:
US-PI-0303
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint alleging defendant's failure to place warning devices along railroad crossing resulted in plaintiff's collision with defendant's train.
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  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision

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FAQ

Several states have regulations on how long trains may block highways, but not Colorado. The Uniform Vehicle Code suggests streets should not be blocked for more than five minutes, except under special circumstances.

Ing to the Iowa Department of Transportation, Iowa law prohibits railroad companies from blocking a crossing for longer than 10 minutes, except in a handful of cases: When necessary to comply with signals affecting the safety of the movement of the trains.

010 - Blocking streets?Restrictions. A person shall not operate or permit the operation of any train or train of railroad cars in such a manner as to block the movement of traffic upon any public street, highway or street crossing for a period of time longer than 10 minutes. (Ord. 6932 § 1 (part), 1956: Ord.

Trains blocking a public crossing for more than 10 minutes and not meeting the requirements of Nebraska code shall break the train to provide access to the public. A train cut to clear a public crossing shall not leave cars, engines or equipment within 250 feet of the crossing.

So, about 50% of freight trains are between 5,400 feet and 14,000 feet long. Despite a median length of about 1 mile, 50% of trains are over 1 mile long today. Average train lengths have steadily increased over recent years due to several factors.

?In general, trains can occupy a crossing for various reasons,? the email stated, including when trains enter or exit busy rail yards, ?servicing customers in your community, responding to certain track conditions, and/or building trains.

Locate the blue Emergency Notification System (ENS) sign at the crossing to contact the railroad for emergencies. Use this form to report when a train is blocking a highway-rail grade crossing. Please report only once for each blocked crossing. There are no federal laws or regulations pertaining to blocked crossings.

Trains operating under reduced speed restrictions, such as during track maintenance or slowing in approach to a moveable bridge open for water traffic. Vandalism of rail signals or tracks, the presence of trespassers on rail tracks, or emergency response activity near the tracks that require trains to stop.

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Nebraska Complaint regarding Train and Automobile Collision