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In daily activities, usually, some people need rail transportation to support their mobility. But unfortunately in the statistical data of victims of train accidents, the number of cases is not small. For this reason, lawyers need legal protection for train victims. The following is a more complete review of the legal cases of railroad crossing accidents.
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Get to Know More About the Rules for Railroad Crossing Accidents
The rules regarding the train itself have been regulated in the law. Furthermore, this is stated in Law Number 23 of 2007 related to Railways. The law explains several things, namely:
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- Drivers of cars or motorbikes are required to stop when: the signal has sounded, the train doorstop is about to be closed, and various other signals;
- Drivers of cars or motorbikes are required to give priority to trains;
- Drivers of cars or motorbikes are required to give primary rights to the vehicle that crosses the railroad tracks first.
All road users must comply with all road signs at the railroad crossing. This has been explained in the Law article 110 paragraph 2 PP 72/2009 and also article 110 paragraph 4 PP 72/2009.
Legal Procedures Related to Railroad Accidents Lawyers
There are several things that you must know if there is a train case, some of which are:
1. Legal Procedures for Rail Traffic Violations Committed by Drivers of Four-Wheeled Vehicles/Cars
If a car driver violates the three things above, then all of that is not an accident on the part of the railroad due to the negligence of the driver himself. Where this is explained in Law article 110 paragraph 3 PP 72/2009.
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Furthermore, the driver is said to be guilty if he deliberately violates the signs that have been provided. Or it could also be said that the driver crossed the railroad track and endangered train travel. All of this has been stated in Article 181 paragraph 1 where later the driver will be subject to imprisonment for 3 months / a fine of IDR 15 million.
2. Legal Procedures for Rail Traffic Violations Committed by 2-Wheeled / Motorized Vehicle Drivers
Article 296 of the LLAJ Law states that a train violation committed by a motorized vehicle driver can be fined up to Rp. 750 thousand / 3 months in prison. Where this can happen if the motorized vehicle driver deliberately does not stop when the signal is sounding.
Apart from that, this also applies if the drivers of two or four-wheeled vehicles pass through the railings of the train and take the signal from the driver or officer for granted. However, this must also be studied further by the lawyer to prove the truth.
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Even though it does not directly endanger the safety of train travel, if the driver ignores this signal, then he will be subject to applicable sanctions.
However, it is a different case if car or motorcycle drivers passing by the train do not have the sign referred to above, then it is an error on the part of the railroad infrastructure organizers.
This is none other than because the task of an organizer is indeed entitled and authorized in regulating, controlling, and also supervising the running of the train. In addition, it also prioritizes train travel at crossings over car and motorbike drivers so that railroad crossing accidents do not occur.
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If mistakes and negligence lie with the railway crossing guard officers, sanctions will be imposed later. Where sanctions for parties who are negligent in the task of railroad crossings will be subject to imprisonment for a maximum of 5 years or imprisonment for 1 year.
Apart from that, Article 361 of the Criminal Code itself also explains that those who can be subject to sanctions include motorized vehicle drivers to train drivers. Even people who are experts in their respective jobs must be careful in carrying out their duties. If they neglect the rules to the point of causing death, they will be subject to sanctions under Article 359.
In addition, if it causes a person to be seriously injured, he will be subject to sanctions under Article 360. So that the punishment may be further aggravated or his right to work will be revoked.
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Conclusion
After knowing the explanation, if there is a traffic accident case, it will usually be tried immediately in court. So that later the panel of judges will regulate the course of law in the traffic case. In this way, it is hoped that justice will be obtained for both parties involved in the traffic accident case.
Such is the review of the article regarding legal protection lawyers for victims of railroad crossing accidents. By knowing the information above, we hope that you will understand much more about this legal protection for victims of train accidents.
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