Many
people don't understand the significant number of train and vehicle accidents
that occur at railway crossings. It is estimated that there are approximately
3000 train crashes every year in the United States, with a significant number
of those occurring at railway crossings. Disregarding a railroad (RR) crossing
or failing to follow a flagman to stop at a crossing results in many deaths
each year, with almost 35% of all fatalities children under the age of 16. People
that steer around or through gates that are down are guilty of this offense,
even if a train is not visible on the tracks.
Depending on
the specific issues and if any other traffic violations occurred at the same
time fines and penalties will vary. Each state sets their own range of
punishments but most states have a driver responsibility penalty as well as a
significant monetary fine. These fines can be several hundred dollars but
typically do not exceed $500.00.
Driver
responsibility points are typically included as part of the penalty for this
moving violation. In most states the resulting added points will be between
three and four, provided other violations did not occur at the same time. This
will impact your driving record and may cause loss of special classifications
for school bus drivers and those with commercial drivers licenses (CDL).
These significant types of moving violations should always be reviewed by an attorney. Since this type of a charge can impact on your career and even on your ability to renew your driver's license and keep your insurance at its current rate, hiring an attorney really is your best option. In some cases if the signal failed to respond properly or the flagman was acting incorrectly, the attorney may even be able to get the charges dismissed.