Alabama

Alabama Railroad State Laws and Regulations

Crossing Treatment Procedures

State Laws and Regulations

Whenever the funds of the state are being expended for the construction, maintenance, or repair of a public highway, the State Department of Transportation shall have the power and authority to compel all railways operating in this state to construct viaducts, tunnels, underpasses, or bridges to the full extent of the width of the right-of-way and over the tracks as owned or operated by any railway when, in the judgment of the State Department of Transportation, such viaducts, tunnels, underpasses, or bridges are necessary for the safety of the general public and whereby a dangerous grade crossing is eliminated. The State Department of Transportation may appropriate out of the funds credited to the State Department of Transportation for the construction and maintenance of highways an amount not to exceed 50 percent of the cost to construct said viaducts, tunnels, underpasses, or bridges to the full extent of the width of the right-of-way and over the tracks as owned or operated by any railway in this state.

If after due notice to a railroad that such a viaduct, tunnel, underpass, or bridge, in the judgment of the State Department of Transportation, is necessary to be built or constructed across the width of the right-of-way and over the tracks of the railway and such railway fails or refuses to comply with the order of the State Department of Transportation as provided in this section, the State Department of Transportation is empowered and authorized to forthwith build or construct such viaducts, tunnels, underpasses, or bridges, and the amounts so expended for such construction as provided in this section, shall constitute a charge against such railway and the State Department of Transportation shall render a bill to such railway stating the amounts expended and for what purpose; and upon the failure or refusal of such railway to make payment of the amount due the state, the State Department of Transportation shall forward all data and information to the Attorney General of this state, who shall immediately institute an action in the name of the State of Alabama, as provided by law, for the recovery of the amount as reported by the State Department of Transportation as due by the railway for the funds to be expended in the construction of viaducts, tunnels, underpasses, or bridges across the width of the right-of-way and over the tracks of such railway. Upon the recovery of such funds, the amount shall be paid into the State Treasury and credited to the account of the State Department of Transportation from which such funds were withdrawn; but said railway shall not be required to pay exceeding 50 percent of the cost thereof.

Ala. Code § 23-1-9

Blocked Crossings

State Laws, Regulations and Penalties

No applicable statute related to this topic.

Warning Devices-Passive

State Laws and Regulations

37-2-80. Railroad signs.

Every railroad company must erect, at all points where its road crosses any public road, at a sufficient elevation to admit of the free passage of vehicles of every kind, a sign, with large and distinct letters placed thereon, to give notice of the proximity of the railroad and warn persons of the necessity of looking out for the cars.

Ala. Code § 37-2-80

Warning Devices-Train Borne

State Laws, Regulations, and Penalties

37-2-90. Locomotive headlights.

All companies, corporations, lessees, owners, operators, or receivers of any railroad or railway company operating a railroad or railway in whole or in part in this state shall equip, maintain and use upon every locomotive being operated in road service in this state in the nighttime a power headlight of not less than 1,500 candle power brilliancy, measured with the aid of a suitable reflector. Nothing in this division shall be so construed as to prevent a locomotive engine, whose headlight has become defective while on the road, from proceeding to the most convenient terminal or division point where the necessary facilities exist for remedying such defect. This section shall not apply to industrial roads, such as tram roads, mill roads, and roads engaged principally in lumber or logging transportation in connection with mills, and the provisions of this section shall not apply during the first 90 days of a strike of the particular employees, whose duties are to repair and maintain headlights.

Ala. Code § 37-2-90

37-2-81. Duty of locomotive engineer to ring bell or blow horn, etc.

The engineer or other person operating a locomotive on any railroad must blow the horn or whistle or ring the bell:

(1) At least one fourth of a mile before reaching any public road crossing or any regular station or stopping place on such railroad and continue with such signal at short intervals, until such crossing or such station or stopping place has been passed;

(2) Immediately before and at the time of leaving a station or stopping place and also immediately before entering any curve crossed by a public road, not marked in accordance with Section 37-2-80, where he cannot see at least one quarter of a mile ahead, and must approach and pass such unmarked crossing at such speed as to prevent an accident in the event of an obstruction at the crossing; and

(3) At short intervals, on entering into, or while moving within or passing through any village, town or city.

He must also, on perceiving any obstruction on the track, use all means within power, known to skillful engineers, such as applying brakes, in order to stop the train.

Ala. Code § 37-2-81

Warning Devices- Active

State Laws and Regulations

No applicable statute related to this topic.

Private Crossings

State Laws and Regulations

No applicable statute relating to this topic.

Vegetation Clearance

State Laws, Regulations, and Penalties

No applicable statute related to this topic.

Continue Reading Read Less

“Integrity”
“In addition to his substantive contributions to railroad grade crossing safety, I have personally observed his untiring efforts and contributions to improving the integrity of the legal system.”

- Elizabeth Hardy
“Beyond Belief”
“His knowledge of the rail industry and his willingness to share his knowledge with other people who do railroad work is beyond belief to me.”

- Mike Bee
“Given Hope”
“Through his efforts, he has single-handedly given hope to victims who are injured or killed as a result of dangerous railroad crossings”

- Donald Vasos
“Impressed”
“Nathan is a warrior fighting the railroads.”

- Jonathon (Jon) C. Clark
“Excellent Results”
“Nathan Karlin has my strongest endorsement in the field of railroad crossing cases and personal injury law.”

- Joseph M. Miller
“Would Recommend Without Hesitation”
“In each case, Nathan always possessed an incredible knowledge of the law and the facts, possessed a great talent for aggressive – strategic legal planning and trial tactics while, at the same time, displaying great skill as an effective negotiator.”

- Scott McCluen
“First Call is Nathan's Firm”
“Nathan’s knowledge and experience in handling and trying cases against these litigation savvy railroad companies gives me the confidence to know that the clients and cases I refer to him are getting the best of the best.”

- James Perrin
“Hard-Working”
“The staff is helpful, professional, and responsive.”

- Tracy D.

View All Reviews

Your Next Step Starts Here

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Pottroff & Karlin at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

A Law Firm with a Purpose

Purpose-Driven Representation

We handle each case with the belief that the legal system should be a tool for positive change. Our work often leads to broader safety improvements, not just individual outcomes.
Focused on Serious Injury Cases

Our practice centers on railroad crossing accidents and other catastrophic injuries. These complex cases demand deep experience and a commitment to long-term impact.
Personalized, Accessible Legal Support

We maintain a welcoming environment where clients are heard, supported, and informed. Our team approach ensures you’re never left wondering where your case stands.
Free Consultations, Contingency-Based Fees
We offer free consultations and only get paid if we recover compensation for you. It’s one way we make justice more accessible for those who need it most.