SF 297 (LSB 2230SS (2) 87)

SENATE FILE 297

BY  DANIELSON

A BILL FOR

An Act relating to railway company liability for accidents involving motor vehicles and trains.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 327G.2, Code 2017, is amended to read as follows:
   327G.2  Crossings —— signs.
   Every corporation company constructing or operating a railway shall make and construct at all points where such railway crosses any public road good, sufficient, and safe crossings and erect at such points, at a sufficient elevation from such road as to admit a free passage of vehicles of every kind, a sign with large and distinct letters placed thereon, to give notice of the proximity of the railway, and warn persons of the necessity of looking out for trains. Any railway company neglecting or refusing to comply with the provisions of this section shall be liable for all damages sustained by reason of such refusal or neglect, and it shall only be necessary, in order to recover, for the injured party to prove such neglect or refusal.  However, a railway company shall be strictly liable for any damage, injury, or death arising from an accident involving a train and one or more motor vehicles if the accident occurred at any point where the company’s railway crosses a public road.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law requires a corporation constructing or operating a railway to make and construct good, sufficient, and safe crossings and erect appropriate signs at all points where the railway crosses a public road. A railway company neglecting or refusing to comply with these provisions is liable for all damages sustained by reason of such refusal or neglect.
   This bill provides that a railway company is strictly liable for any damage, injury, or death arising from an accident involving a train and one or more motor vehicles if the accident occurred at any point where the company’s railway crosses a public road.