Skip to Main Content
Railroad News

Michigan Man Dies at Dangerous, Unguarded Crossing

By Pottroff & Karlin LLC |

(Carleton, Michigan – August 9, 2013)

A tragic Friday afternoon collision between a train of one railroad, operating over the tracks and crossing of a second railroad, but each owned by third-tier railroads took the life of the 46-year-old driver of a gold, four-door, Ford Focus. This incident demonstrated quite accurately (or inaccurately?) the convolution of responsibility that exists in today’s railroad industry as well as the mixture of governmental agencies, one over another, that allow for “passing the buck” on which authority should have  railroad public safety responsibility.

According to witnesses, David Perry, the motorist, approached the passive crossing of Finzel Road and Canadian National railroad tracks. Therefore, the crossing is effectively unguarded. Four trains pass over Finzel Road daily – without electronic/automatic signals such as flashing lights, bells and crossing gates to warn motorists as they approach on 35 mph-maximum allowable train speeds – where the drivers of a daily average of four school buses and 120 other types of highway vehicles attempt to determine what is coming – if anything – from which of the two directions.

The train that hit – and instantly killed – the victim, who was alone in his northbound car – consisted of 1,032 feet of train, 17 cars long, and owned and operated by the Indiana & Ohio Railway Company, itself a subsidiary of the massive Genesee & Wyoming Short and Regional Railroad ownership group, via trackage rights.  The car, with the driver still strapped inside, appeared to stop at the STOP sign and then ease through the intersection, according to Sgt. Brian Angerer of the Monroe County Sheriff’s Office, only to be struck by the train and thrown north of the railroad tracks, where it came to rest as the train rolled another quarter of a mile to a half mile west before stopping on the railroad tracks – owned by the Grand Trunk Western Railway, a subsidiary of the huge Canadian National Railway system.

As previously mentioned, this incident happened at a dangerous, unguarded crossing. It is virtually certain that lights and gates would have prevented this incident. Both the railroad industry and Operation Lifesaver know lights and gates are the most effective type of protection at railroad crossings. Studies that have been conducted over fifty years ago confirm that lights and gates offer the ability to drastically reduce the number of vehicle/train accidents by as much as 96%.

The crossing where the tragedy occurred lies in an unincorporated area with a Carleton, MI address, but specifically Exeter Township, Monroe County, Michigan. Authority for the placement of crossing signals allegedly falls under the State of Michigan’s Dept. of Transportation in a sub-agency called the “Rail Safety Section”, which manages funding, priorities and multi-governmental agency funding for crossing protective safety improvement.


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