TEXAS RailRoad Crossing caused damage...

[USMCBay]

Texas - Houston Area. I was driving out to a job for a site Visit. RR Crossing has continual Big Rig Traffic... I slowed to cross but it was so bad it jarred my 3/4ton Dodge Diesel sideways. Now my tires are wearing irregularly and it is out of alignment. Also I think a shock was blown - thats what it sounds like to me. And my steering pump is whining now...

I took photos of the tracks and the lack of warning signs. Other vehicles here at work have reported minor damage due to it. It is currently being repaired from what I was told.

What is my next step?

 

[JETX]

What is my next step?

You have lots of things to consider/do before you even consider 'next step'.

Such as:
1) Who OWNS the rail line??
Your post implies it is at a 'job site' and 'vehicles here at work'. and it might be a private spur.
2) How are you prepared to PROVE that none of the damage you now claim was in fact caused BY the railroad tracks (and not pre-existing or your negligent driving, or you didn't slow down enough, etc.)??
3) And finally, since this crossing has "continual Big Rig Traffic", how do you plan to show that the crossing was;t damaged from the 'Big Rig' that crossed just before you (or within a minimal amount of time).... and the owner of the spur was aware of the hazard and failed to remove it??

Once you consider the above... your next step would be:

1) To contact the owner in WRITING (certified RRR) and present your evidence and claim, giving them a reasonable amount of time to contact you.
OR
2) Submit your damage claim to YOUR insurance company.

 

[ecmst12]

They are going to say that the damage was caused by you going too fast over the tracks.

 

[USMCBay]

You have lots of things to consider/do before you even consider 'next step'.

Such as:
1) Who OWNS the rail line?? The Port Authority RailRoad
Your post implies it is at a 'job site' and 'vehicles here at work'. and it might be a private spur. It is on the way to the jobsite
2) How are you prepared to PROVE that none of the damage you now claim was in fact caused BY the railroad tracks (and not pre-existing or your negligent driving, or you didn't slow down enough, etc.)?? I would say the beginning of tire wear vs the tire purchase is a sure sign
3) And finally, since this crossing has "continual Big Rig Traffic", how do you plan to show that the crossing was;t damaged from the 'Big Rig' that crossed just before you (or within a minimal amount of time).... and the owner of the spur was aware of the hazard and failed to remove it?? The damaged area shows long term wearing ie., Polished wood beams, rounded asphalt edges, etc

Once you consider the above... your next step would be:

1) To contact the owner in WRITING (certified RRR) and present your evidence and claim, giving them a reasonable amount of time to contact you.
OR
2) Submit your damage claim to YOUR insurance company.

I used to work for two companies that would just pay vs. rebutting. One was HL&P (Houston Lighting & Power) I saw people abuse it and they just paid vs dragging it into court.

 

[USMCBay]

They are going to say that the damage was caused by you going too fast over the tracks.

I saw your signature qoute - and yes I do want the money to cover the damages. In the past two years I have had others damage my vehicles / equipment and I just paid it myself totaling almost $7k. I'm tired of paying for things that OTHERS are responsible for. I'm always to busy to try to "go after" it. Now I have a little more time and I am extremely fed up with paying for others irresponsibility. It's getting old really quick...

 

[JETX]

I still don't understand your damage claim.... rough terrain for a TRUCK??
I have driven my Silverado (stock) over curbs, over rocks and over some pretty rough terrain... without ANY damage. This is because I drove slow and carefully.... even 'crabbing' at an angle if needed.
I would think you would have a hard time PROVING your claim of damage.... especially if the vehicle in front of you and the one behind you didn't suffer any (reported) damage to their vehicles.

 

[JustAPal00]

I still don't understand your damage claim.... rough terrain for a TRUCK??
I have driven my Silverado (stock) over curbs, over rocks and over some pretty rough terrain... without ANY damage. This is because I drove slow and carefully.... even 'crabbing' at an angle if needed.
I would think you would have a hard time PROVING your claim of damage.... especially if the vehicle in front of you and the one behind you didn't suffer any (reported) damage to their vehicles.

I have to agree! If the damage was caused by slowly crossing the tracks, then I guess I see why Chrysler is in so much trouble. A Toyota Tundra would be just fine.

 

[USMCBay]

I have to agree! If the damage was caused by slowly crossing the tracks, then I guess I see why Chrysler is in so much trouble. A Toyota Tundra would be just fine.

If it makes you feel better to say that - that's fine. I have 2,000lbs of Diesel motor in my truck with 3/4t 4x4 suspension and I "slowed" for the track as I knew historically that it is rough. I'm glad you guys can go over curbs - that's great. I didn't expect or invite this damage that would be equal to going over 3 or 4 curbs only inches from each other. Maybe you've conquered that scenario as well in your 1/2t and light duty vehicles - good for you. But for me it is what it is whether you're an expert bump and rock driver or not. That does nothing for my situation but it may help your ego.

My question is simple - do I go directly to the RR or to a small claims court?

Not trying to be an azz... I'm asking a question not an opinion~!

 

[Zigner]

If it makes you feel better to say that - that's fine. I have 2,000lbs of Diesel motor in my truck with 3/4t 4x4 suspension and I "slowed" for the track as I knew historically that it is rough. I'm glad you guys can go over curbs - that's great. I didn't expect or invite this damage that would be equal to going over 3 or 4 curbs only inches from each other. Maybe you've conquered that scenario as well in your 1/2t and light duty vehicles - good for you. But for me it is what it is whether you're an expert bump and rock driver or not. That does nothing for my situation but it may help your ego.

My question is simple - do I go directly to the RR or to a small claims court?

Not trying to be an azz... I'm asking a question not an opinion~!

You do NOT have 2,000 lbs of a diesel motor in your truck

And, my big-ole 3/4 ton suburban (older model, when they really WERE trucks) has no problem with the scenario you describe.

 

[ecmst12]

You can attempt to sue the railroad company in small claims court. I don't think you will win, but you can certainly try.

 

[JETX]

do I go directly to the RR or to a small claims court?

And the answer to only that simple question is... whatever you want.

So, let's look at how I think this is going to play out... with both options.

Option 1:
You contact the RR in WRITING detailing your complaint. The RR can either offer to settle with you and try to negotiate, or tell you to pound sand. If you both settle, fine. If not, you can still pursue your claim in court (see option 2).

Option 2:
You can go straight to the small claims court and file an action against the RR. The court will set a time/date for a hearing. The RR will very likely have an attorney and will either allow it to remain in small claims (unlikely in my opinion) or file to transfer to a 'real' court (likely, as that is what I would do). If they do that, you will likely need an attorney (presumably, you don't know the 'Rules of Court' and the 'Rules of Evidence' that would be required in a formal court). And even if they don't transfer the case to the County Court at Law, you will be at a disadvantage in court since you will have to 'do battle' with an attorney.

So, the answer to your question as to which option... is entirely up to you.

 

[JustAPal00]

If it makes you feel better to say that - that's fine. I have 2,000lbs of Diesel motor in my truck with 3/4t 4x4 suspension and I "slowed" for the track as I knew historically that it is rough. I'm glad you guys can go over curbs - that's great. I didn't expect or invite this damage that would be equal to going over 3 or 4 curbs only inches from each other. Maybe you've conquered that scenario as well in your 1/2t and light duty vehicles - good for you. But for me it is what it is whether you're an expert bump and rock driver or not. That does nothing for my situation but it may help your ego.

My question is simple - do I go directly to the RR or to a small claims court?

Not trying to be an azz... I'm asking a question not an opinion~!

That's what an 18 wheeler's engine weighs!