Who is liable if my car was totaled by railroad tracks? Posted on February 17, 2011

I was driving down a hill at the posted speed limit I drove over some railroad tracks, and the tracks were raised up high enough so that after the incline ended my front end was low enough and made contact with the tracks. My oil pan was shattered and ripped into my transmission. So basically my car was totaled. I looked into it and the track owners are on the Right Of Way of 40 feet from the center of the tracks. If there were no posted signs of an unusually high set of tracks and I was following posted speed limits are they at fault? Upon contacting them they said they were not Liable due to the fact that there is evidence of scarring on the road just a foot or so prior to the tracks, but wouldn't that still be the responsibility of the railroad? I think they are Liable, they think they are not and if I cannot convince them otherwise I am likely to file small claims.

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