Skip to Main Content
Railroad News

Another Midland Texas Crossing Accident Raises Signal Integrity Concern

By Pottroff & Karlin LLC |

(Midland, Texas – January 5, 2013)

Although a long string of train/motor vehicle accidents temporarily stopped after the installation of crossing gates to the already-flashing light equipped crossing of Carver Street and Union Pacific Railroad tracks in the early 2000’s, an injury-resultant collision between a pickup truck and a UP freight train Saturday afternoon at about 5:30 P.M. raised eyebrows amongst witnesses to the near-tragedy and brought back bitter recollections of the November 15, 2012 accident in which four wounded U.S. servicemen died and another 16 participants received various injuries in Midland’s annual salute to wounded warriors, the “Show of Support” parade, as a flatbed semi-trailer truck carrying combat-wounded heroes and their wives was struck by a UPRR freight train traveling 62 mph at the Garfield Street crossing in Midland.

The UP/Carver Street crossing had been upgraded in 2001-2002 with the installation of crossing gates. Prior to that time, Federal Railroad Administration records indicate seven accidents had resulted in four non-fatal injuries, but no more had occurred until Saturday’s, when 60-year-old Benjamin Oaks of Midland apparently got his pickup truck momentarily stuck on the tracks at the crossing as a train approached and was unable to stop before striking the victim in his vehicle.  The driver was transported to Midland Memorial Hospital with head injuries, and was also suspected of impaired driving according to Midland city spokesperson Sara Higgins.

But regardless of the driver’s actions or condition, the statements of eye-witnesses conflicted seriously with what was allegedly to be a 20-second period between the crossing’s signal activation and the train’s arrival time at the crossing.

“I didn’t hear it (the crossing bells), all I heard was the ‘boom’ and then we heard (saw) the lights,” said witness Patricia Hill, who lives directly across from the Carver Street/UP intersection. “Then the lights went off because I was standing in the yard,” she continued.

Supporting Patricia’s account of the crossing signal’s erratic operation was her brother, David Chapman, who said “I seen (saw) everything that was going on after he got hit,” Chapman recalled. “Then the lights started flashing and the ‘ding, ding, ding’ came on. It (the collision) had already happened.”

“Seeing it firsthand today, it’s devastating, it’s scary,” concluded Hill.

“But City Spokeswoman Higgins was dismissive of the eye-witness statements, countering that “This is just like any other accident for the Midland Police Department. Someone was driving while intoxicated and there was a crash,” Higgins explained.


sb-news-bg

Railroad News



Testimonials

Train crash cases are unique and complex with many different potential pitfalls, such as federal preemption. Anytime I get hired or even get a call from a train crash victim, my very first call is to 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 Lubbock, Texas

I have had the opportunity to work as co-counsel with Nathan on several railroad crossing accidents cases. 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. I would recommend him to anyone without hesitation.

Scott McCluen Harriman, Tennessee

Nathan Karlin has my strongest endorsement in the field of railroad crossing cases and personal injury law. I had the pleasure of working with Nathan in a complex railroad personal injury case. I was impressed by Nathan’s knowledge, his work ethic, and his dedication to the client. I look forward to working with Nathan on future injury matters. I am also aware firsthand that he has obtained excellent trial and settlement results in numerous cases involving members of the public harmed by railroad companies.

Joseph M. Miller Mandeville, Louisiana

Nathan is a warrior fighting the railroads. As a fellow personal injury lawyer, I have constantly been impressed with his depth of knowledge and his capabilities from case to case. I’d take him into battle with me any day against the biggest railroads and insurance companies on the planet.

Jon C. Clark Austin, Texas

Bob Pottroff has fought for the victims of the railroads’ callous disregard for safety more than any other attorney that I know. I should know because I am currently Chair-elect of the Railroad Section of ATLA.

Robert Schuetze Boulder, Colorado

Mr. Pottroff has shaken the rail industry to its very roots. Settlements are now more common as a result of the way he has exposed the industry’s wrongdoing.

Mike Easley Arkansas

Bob Pottroff’s work in railroad safety law is unmatched and he has been the source of great advice and phenomenal creativity.

Roger Brown Jefferson City, Missouri

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 Lake Charles, Louisiana

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
Testimonials