This distance is typical of where stop signs,
crossbucks (the standard U.S.
A railroad's installation of minimal warning devices--such as nonelectronic
crossbucks signs--can create a shroud of immunity, O'Dwyer said.
At 37 (73%) crossings, passive warning devices were present, including 32 (63%) at which the crossings were marked only by
crossbucks (i.e., black and white X-shaped signs that read "Railroad Crossing").
For instance, the only photograph of an accident scene at a railroad crossing may be one that was taken after safety equipment (lights and
crossbucks) was installed.
Norfolk Southern argued that the Federal Railroad Safety Act of 1970 preempted Shanklin's suit in state court because the crossbucks were installed with federal funds.
The negligence action alleged that Norfolk Southern should have installed automatic gates and lights at the railroad crossing where Shanklin's husband died because the crossbucks sign was covered by overgrown trees and vegetation.
In this case, federal program funding was used to install crossbucks as a minimum safety device at a Tennessee grade crossing.
Goldstein argued that since the government did not determine whether crossbucks would be adequate protection, federal funding alone would not preempt the railroad's state law duty to provide adequate warning devices.
Shanklin's husband, Eddie, died in 1993 as he drove through a railroad crossing that had the minimum warning sign, a crossbuck. A Norfolk Southern train approached the Oakwood Church Road crossing in Gibson County, striking the car and killing Shanklin.
Signals--to discuss the adequacy of warning devices, such as gates, lights, bells, crossbucks, advance pavement warnings, and the placement and operation of signals as well as data recorder information.
Just before trial, the railroad's attorney files a summary judgment motion, claiming federal preemption because federal funds were used to install crossbucks, reflective tape, and anything else the defense can identify at the crossing.
In Hester, CSX presented testimony that federal funds were spent to upgrade passive warning devices, such as reflectorizing crossbucks and advance warning signs.