Print
Senate File 297 - IntroducedA Bill ForAn Act 1relating to railway company liability for accidents
2involving motor vehicles and trains.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 327G.2, Code 2017, is amended to read as
2follows:
3327G.2 Crossings — signs.
4Every corporation company constructing or operating a
5railway shall make and construct at all points where such
6railway crosses any public road good, sufficient, and safe
7crossings and erect at such points, at a sufficient elevation
8from such road as to admit a free passage of vehicles of every
9kind, a sign with large and distinct letters placed thereon, to
10give notice of the proximity of the railway, and warn persons
11of the necessity of looking out for trains. Any railway
12company neglecting or refusing to comply with the provisions
13of this section shall be liable for all damages sustained
14by reason of such refusal or neglect, and it shall only be
15necessary, in order to recover, for the injured party to prove
16such neglect or refusal. However, a railway company shall be
17strictly liable for any damage, injury, or death arising from
18an accident involving a train and one or more motor vehicles if
19the accident occurred at any point where the company’s railway
20crosses a public road.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24Current law requires a corporation constructing or operating
25a railway to make and construct good, sufficient, and safe
26crossings and erect appropriate signs at all points where the
27railway crosses a public road. A railway company neglecting
28or refusing to comply with these provisions is liable for all
29damages sustained by reason of such refusal or neglect.
30This bill provides that a railway company is strictly liable
31for any damage, injury, or death arising from an accident
32involving a train and one or more motor vehicles if the
33accident occurred at any point where the company’s railway
34crosses a public road.
-1-ns/nh
2involving motor vehicles and trains.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 327G.2, Code 2017, is amended to read as
2follows:
3327G.2 Crossings — signs.
4Every corporation company constructing or operating a
5railway shall make and construct at all points where such
6railway crosses any public road good, sufficient, and safe
7crossings and erect at such points, at a sufficient elevation
8from such road as to admit a free passage of vehicles of every
9kind, a sign with large and distinct letters placed thereon, to
10give notice of the proximity of the railway, and warn persons
11of the necessity of looking out for trains. Any railway
12company neglecting or refusing to comply with the provisions
13of this section shall be liable for all damages sustained
14by reason of such refusal or neglect, and it shall only be
15necessary, in order to recover, for the injured party to prove
16such neglect or refusal. However, a railway company shall be
17strictly liable for any damage, injury, or death arising from
18an accident involving a train and one or more motor vehicles if
19the accident occurred at any point where the company’s railway
20crosses a public road.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24Current law requires a corporation constructing or operating
25a railway to make and construct good, sufficient, and safe
26crossings and erect appropriate signs at all points where the
27railway crosses a public road. A railway company neglecting
28or refusing to comply with these provisions is liable for all
29damages sustained by reason of such refusal or neglect.
30This bill provides that a railway company is strictly liable
31for any damage, injury, or death arising from an accident
32involving a train and one or more motor vehicles if the
33accident occurred at any point where the company’s railway
34crosses a public road.
-1-ns/nh