The Safety Of Trains v. Cars and Trucks

Understanding Rail Accident Risks With Appropriate Context

Honestly, it is surprising that so many railway deaths are not in the right of way (ROW). The defining characteristic of rail transportation is that it travels on fixed tracks which have a right of way.

There are extremely rare incidents of someone getting killed from a train while not being on the tracks - like when it falls off a bridge and kills someone below as one did not so long ago on I-25 near Pueblo, or when an accident releases a poisonous gas that kills people outside the ROW but nearby which happened to the parents of one of my first clients - but those are vanishingly rare.

Of course, what they are really doing in these statistics is distinguishing between deaths in the ROW at highway crossings and deaths in the ROW at something other than highway crossings, and basically ignoring the tiny percentage of deaths that fall in neither category.

The regulatory focus on highway crossings to the near exclusion of safety measures in railroad railways isn't unreasonable.  According to the Federal Railway Administration:

Highway-rail grade crossings are intersections where highways cross railroad tracks at-grade. Approximately 212,000 highway-rail grade crossings exist on the approximately 140,000 miles of track that make up the United States’ railroad system.

If we conservatively assume that the average highway rail grade crossing is 105.6 feet (i.e. 0.02 miles), then there are 4,240 miles of track in highway-rail grade crossings, which is about 3% of the total miles of track in the U.S. (and realistically the truth is probably closer to 1-2%). 

While only 30% of rail deaths nationally are at highway crossings, the number of deaths per mile of track are 10-30 times greater at highway crossings than they are away from them. But, the cost of safety measures to prevent rail deaths is roughly proportional to the length of the track when they are put in place.

Also, both passenger rail and freight rail cause far few deaths per passenger-mile than cars, to both passengers (who are safer by a factor of seventeen) and bystanders like pedestrians and bicyclists and people other cars, and per freight ton-mile than trucks carrying freight to both operators and bystanders.

In the U.S., in 2024, there were 954 railroad deaths and 6,542 nonfatal railroad injuries.

(Source)

There is about 1 fatal rail death away from highway crossings per 196.5 miles a track away from highway crossings, and there is about 1 fatal rail death per 806 highway crossings at highway crossings. Vanishing few fatal rail deaths are to people on the train itself 

People on railroad tracks who shouldn't be (i.e. trespassers) account for 69% of railroad deaths, but only about 10% of nonfatal railroad injuries, because 51% of rail accidents involving trespassers that make it into official statistics are deadly. 

The vast majority of rail traffic in the U.S. is freight. U.S. freight rail carried 1.71 trillion ton-miles per year with about 100 tons per train car. So, about 17,000 million train car-miles per year. 

Amtrak provides 6544 million passenger miles per year of transportation. About 35% of those are in the Northeast Corridor which run about 80% full on average and about 65% are outside the Northeast Corridor which run closer to 50% full on average. A coach car holds about 74 people which is about 59 people per car in the Northeast Corridor and about 37 people outside it. So, about 39 million train car miles per year in the Northeast Corridor and about 115 million train car miles per year outside the Northeast Corridor, for a total of about 152 million train car miles per year.

So, about 0.9% of train car miles are passenger train car miles and about 99.1% of train car miles are freight train car miles.

If rail deaths are no more likely, per train car mile, to be caused by freight train cars than by passenger train cars (although arguably the risk is per train and not per train car, in which cars passenger trains which have far fewer cars per train are much more dangerous, even though this is harder to estimate), we can reasonably estimate that passenger trains kill about 12 people per year on average (2 passengers and 10 other people), while freight trains kill about 942 people per year on average. Adjusting for train car length who shift this somewhat from freight trains to passenger trains, but even so, freight trains would be the dominant issue.

Do Existing Rules Reflect The True Nature Of The Problem

Of course, it only makes sense to take measures to reduce right of way deaths away from highway crossings if there is an effective (and cost effective) way to do so. 

People walk across and along train tracks all the time, and since trains are noisy, and you only need to move a few feet away from train tracks to avoid being hit by one, normally walking across or along train tracks is pretty safe, so long as you are able to hear them coming, you pay attention, you don't fall asleep on them, you don't get stuck on them, and you get out of the way when they come. And, it isn't really clear what the statistics use to define a trespasser, and we can't really understand the statistics without knowing this definition.

Is a trespasser merely someone who is in the right of way at all? Is a trespasser someone who tries to hitch a ride on a train that isn't using it like a passenger on a typical passenger train? Or what?

Common intuition wouldn't consider crossing over a train track when there is no indication that a train is coming, away from a highway crossing, to be trespassing, nor would common intuition consider walking along a train track in the right of way when there is no indication that a train is coming to be trespassing. I did that on my walk to and from school in junior high school almost every school day for two years without anyone even suggesting that I was trespassing.

Crossing a highway crossing when there are indications that a train is coming such as flashing lights or barriers that come down probably is trespassing, but that obviously doesn't apply when you aren't at a highway crossing.

The Federal Railway Administration, however, begs to differ, stating:

It is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing. Trespassers are most often pedestrians who walk across or along railroad tracks as a shortcut to another destination. Some trespassers are loitering or are engaged in recreational activities such as taking photographs, jogging, bicycling, hunting, or operating recreational off-highway vehicles (ROVs). Riding ROVs along railroad tracks leads to the erosion of an important part of the track foundation known as ballast, or the rock and soil material that supports the ties and rail.

But, this definition is awfully harsh. From a pedestrian's perspective, it is often much safer to walk across or along railroad tracks away from a designated roadway crossing, than it is to cross at a highway crossing where there is much more frequent and less noisy car traffic, or across open ground away from the railroad right of way (indeed, railroads that are no longer in use are often converted to pedestrian trails for just this reason) which may constitute trespassing on private property (which is dangerous in much of rural America) and is sometimes uncleared brush. 

Sticking to official pedestrian routes is challenging. Many rural areas have no sidewalks, and walking along rural roads at night can be much more dangerous than walking along railroads. 

Designated pedestrian crossings are extremely very rare outside of dense urban areas and resort areas, because they aren't cost effective in places with little pedestrian traffic and only marginal safety risks to the pedestrians who do without them. 

But train tracks have to be crossed somewhere to get from point A to point B in many cases, because tracks often split whole states in two. 

In flat farmland, highway crossings are often a mile to six miles apart, and highway crossings can be even more sparse in mountains, forests, wetlands, and deserts. 

These detours can be tolerable in a car or a motorcycle, but represent immense delays relative to crossing a train track away from a highway crossing for a pedestrian who may have to cross that track to get to school or work or a friend's house on a regular basis.

So, simply writing off people who are simply meeting the strict FTA definition of rail right of way trespassing as "at fault" is really unreasonable, blames the victim, and unreasonably protects railroad operators from legal liability when the common law "Learned Hand" test for negligence liability (i.e. that the probability adjusted risk of harm is greater than the cost of a measure that would prevent that harm) would hold railroad operators liable for these injuries if they didn't take reasonable and cost effective measures to prevent them.

In the face of unreasonable trespassing definitions and regulations of pedestrians near train tracks, even extremely expensive preventative measures, like tall fences, will be routinely circumvented. And, authorities won't do much to prevent the harm, because the authorities seeing the situation up close will be aware that these work arounds that circumvent overkill prevention measures like tall fences, will mostly do more good than harm.

Also, my intuition is that ordinary pedestrians walking across or along railroad tracks, especially in rural and suburban areas, are not at all typical of people who are killed in rail accidents, because it is so easy to hear trains coming and because it is so easy in most cases to get out of the way. I suspect that these cases probably actually make up less than 10% of rail accidents involving pedestrians, even though the FTA itself admits on its own website that this is the predominant form of "trespassing" in rail right of ways.

Instead, I suspect that the typical cases that result in serious injury or death are very different. 

Maybe the pedestrian is a young child to little to appreciate the risk of being on train tracks when one can hear a train coming. Maybe the pedestrian is deaf or wearing headphones. 

Maybe the pedestrian falls asleep on the tracks while drunk, on drugs, or homeless, mistakenly thinking that this particular track which has low frequency traffic has been abandoned entirely. Maybe the pedestrian has been assaulted or knocked unconscious and left on the tracks. 

Some of these cases may be close to the boundary between reckless behavior indifferent to the grave risk that they will be killed and full fledged intentional suicide a bit like playing Russian roulette. 

Maybe the pedestrian is trying to hitch a ride on a freight train and stumbles. 

Maybe the pedestrian is on a rail bridge or other part of the right of way where there is no easy place to move and get out of the way of the train when it is coming. Maybe the pedestrian somehow gets stuck on the tracks with a foot wedged into a gap or is trying to rescue someone else.

Ideally, better data would add insight that the official statistics do not, and we wouldn't have to rely on intuition. But, relying in intuition grounded in common sense and lived experience until better data is available, is usually better than taking no action at all until better data is available, especially if the measures suggested by that intuition aren't terribly expensive or difficult to implement.

If my intuition is right and these are the predominant cases of result in rail deaths or injuries to "trespassers", then the broad FTA definition in addition to blaming the victim, also undermines its effectiveness by being so broad that it fails to distinguish between reasonable conduct that is only dangerous in the most freak circumstances and unreasonable conduct that really does pose an extraordinary risk of death which should be actively policed to prevent rail deaths and injuries. By not tolerating reasonable conduct, the overbroad definition undermines its own effectiveness at preventing the harms it is designed to discourage.

Distinguishing between "safe trespassing" within the FTA definition and "unsafe trespassing" within the FTA is also critical to determining what kind of preventative measures could reduce rail right of way deaths and injuries.

Possible Infrastructure Based Solutions To Reduce Harm

If the real problem is predominantly people who fall asleep or are otherwise unconscious or stuck or inert on train tracks away from highway crossings, then the solution might be to periodically put something like a LIDAR sensor along active train tracks that warn the train operator of the obstruction in time to stop the train (which could take more than a mile of warning about a minute before the train reaches that point), which would prevent not only deaths to trespassers, but also train collisions with fallen trees, large sleeping wildlife (for which "cow catchers" were designed in an earlier era), and debris carried there by a storm. These preventative measures weren't really technologically feasible or cost effective in the late 19th century and early 20th century when existing freight rail systems were invented. But now, these kinds of sensors and a way to send their signals to trains on the routes are cheap and easy to retrofit commercial off the shelf technologies that require only minor modifications for this application.

At crossings, something like a LIDAR system, or even just an "emergency stop" switch that someone could activate in the highway crossing infrastructure, could reduce the number of collisions arising from vehicles stuck at a highway crossing. Even if the warning was transmitted to the train when it was too late to come to a full stop, on oncoming train aware of an imminent collision could slow down as much as possible and activate maximum warning sirens to mitigate the magnitude of the harm from an unstoppable collision and could alert first responders so that they could on their way to the scene of the nearly inevitable collision before it even happened, in situation where every moment counts in saving someone's life. 

If a big part of  the problem is people who are deaf or wearing headphones, bright, flashing, motion sensor activated lights that only go off when trains are actually coming, located away from highway crossings, which are also cheap, easy to retrofit, commercial off the shelf technologies could do the trick, and might even reduce the need for loud train horns in the middle of the night.

The solutions above would be cheap, and could be implemented at a very manageable cost by railroad operators in response to newly adopted safety regulations (which would prevent a race to the bottom by profit minding companies competing with each other) over a period of perhaps five or ten years.

If the problem is people trying to hitchhike on train cars, hobo style, maybe a partial solution would be to design train cars so that they are difficult to ride or mount, without ladders or anything else to grip, and with the top of enclosed freight cars designs with pitched roofs that are too steep to rest upon for any length of time.

This would be very expensive to retrofit, but if the new design standards were imposed only prospectively to newly purchased freight cars as they were replaced over their useful lives, the new design would probably not be much more expensive than the old one, and as the percentage of new design cars increased over time, the entire strategy of hobo style hitchhiking on freight trains would grow increasingly less popular.

This gradual replacement would also dovetail with reduces consumption of coal, which is the single largest component of of rail freight, in favor of renewables, nuclear, and natural gas transported by pipeline, and declining consumption of liquid fossil fuels (another major component of rail freight) as electric vehicles gradually replace internal combustion engine vehicles, with freight rail instead being used to ship more containerized cargo.

Regular underpasses or overpasses for wild animals might not save many human lives but might prevent train collisions with wild (or domestic) animals that are unable to get out of  the way in time or don't realize the risk, which is surely something that both conservationists and train operators would appreciate, which is fundamentally, very low tech, like Roman Empire class civil engineering. But these measured could potentially be quite expensive to retrofit into existing rail lines. Still, good data on "rail kill" could identify the areas where these kinds of collisions are most common so that the investment in these solutions could be implemented first where it would do the most good, and these standards could be established for new rail lines (mostly proposed high speed rail lines).

Admittedly, none of these measures would be very effective against someone who is simply reckless to the point of being virtually suicidal, or someone who is actually suicidal. 

For these cases, a highly targeted campaign of public service announcements, that focuses only on the conduct that other preventative measures can't deal with, that actually is high risk, in channels that the people most likely to act this way are most likely to hear and take seriously may be the best possible solution - a bit like the campaigns in the 1980s about drunk driving and the importance of having a designated driver. A PSA campaign probably wouldn't be as effective as some of the new safety infrastructure suggested in this post, but it would almost surely make some difference if it was well done.