HOPEWELL, Va. -- Reducing huge payouts after drivers ignore the red and white
crossing arms across railroad tracks would be one of the benefits of a bill
introduced by Del. Riley Ingram (R-Hopewell), the Hopewell News reports.
The bill "provides that in any suit for personal injuries, a railroad
corporation is not liable for damages to a third party if it is determined that
a defendant, other than the railroad corporation, failed to stop at a railroad
crossing."
"If you deliberately are negligent, drive around the gates and run in front
of a train, this would limit the amount of money the railroad has to pay
out," Ingram said. "Even when there's negligence, sometimes the
lawsuits cost the railroad $12, $15, up to $20 million. This is a common-sense
issue."
Although the bill has its supporters, members of the Trial Lawyers Association
have indicated opposition to the measure. On Wednesday, the delegate met with
members of the United Transportation Union and the Brotherhood of Locomotive
Engineers who would like an amendment protecting the engineers against excessive
settlements.
However, determining fault and any type of award when an accident occurs at a
crossing without a gate and without witnesses would be left to the courts,
Ingram said.
In previous sessions, Ingram has introduced a bill requesting Norfolk Southern
reopen a crossing on Golf Course Drive in Prince George closed because of safety
and liability issues.
As far as how this measure would affect this particular crossing, Ingram said it
most likely would take more negotiation to reopen that particular one, but if
not, another one further up the road would be a possibility.
The county is pushing for funding to put gates and signals this crossing, and
would like to see the Virginia Department of Transportation's budget include
half of the cost. The remainder would be shared by the county and the railroad,
Interim County Adminstrator John Kines Jr. said. The area would be made a public
roadway after this occurred.
"The bill itself we're not advocating, but our goal is to find
funding," Kines said, noting they were happy with the work Ingram has done
on the overall issue.
Ingram coordinated meetings with Norfolk Southern and county officials during
the 2001 General Assembly session, and in prior years.
Representatives of Norfolk Southern met most recently with the county in early
December, Kines said. A spokesman for Norfolk Southern said Wednesday the
company's lawyers are reviewing the bill and he could not comment on the bill at
this time.