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330 N D St, Ste 508, San Bernardino, CA 92401
330 N D St, Ste 508, San Bernardino, CA 92401

“A driver approaching a railroad crossing is required to use reasonable care to discover whether a train is approaching. The amount of care that is reasonable will depend on the circumstances. A railroad track is itself a warning of danger. If the driver’s view of approaching trains is blocked, the driver must use greater care than when the view is clear. If a bell or signal has been placed to warn drivers of danger, a driver is not required to use as much care as when there are no such warnings. However, even if the warning devices are not activated, a driver must use reasonable care in looking and listening for approaching trains.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson