Lawyers and Railroad Company Go Head-to-Head After Fatal Train Accident
By: Jenne Anderson and Marianne Elisak
Updated: November 21, 2012
MIDLAND-- It's been almost a week since the fatal train tragedy and as
investigators with the National Transportation Safety Board continue
their investigation, many others are starting to point fingers,
wondering who is to blame for this accident.
As a train approaches an intersection in the Tall city a siren rings, lights flash, and the crossing gates descend.
This all happens in a matter of seconds, but Bob Pottroff, one of the attorneys representing the train tragedy victims, says the warning time of each safety signal is crucial to public safety; sometimes making the difference between life and death.
"20 (seconds) would be the absolute minimum for any crossing in the united states on any day," said Pottroff. "30 (seconds) is the typical design criteria."
The Federal Railroad Administration says all trains must give motorists at least a 20 second warning before the train crosses an intersection.
In their safety guidelines, Union Pacific says they'll always meet the 20 second minimum unless a designed warning time is specified for certain intersections.
"The designed warning speed for this crossing is over 30 seconds," stated Pottroff.
This is why Pottroff feels there's a case against Union Pacific.
"I personally believe we've got to hold freight railroads, who are some of the biggest corporations in the world, responsible for public safety," said Pottroff.
This includes more than just the warning signal time.
Even though the city says the Show of Support Organization failed to request a parade permit, Pottroff says Union Pacific failed to stay in touch with the city and get informed on any upcoming events.
"I don't think the paperwork itself is where we need to look," stated Pottroff. "We need to be looking at, is there that open line of communication with the city of Midland and this railroad that is in place to protect the citizens of Midland?"
While the victims' attorneys say the railroad needs to be held responsible for the train tragedy, Union Pacific is fighting back.
But Union Pacific says that they were never told that there was going to be a parade on the night of the train tragedy.
As a train approaches an intersection in the Tall city a siren rings, lights flash, and the crossing gates descend.
This all happens in a matter of seconds, but Bob Pottroff, one of the attorneys representing the train tragedy victims, says the warning time of each safety signal is crucial to public safety; sometimes making the difference between life and death.
"20 (seconds) would be the absolute minimum for any crossing in the united states on any day," said Pottroff. "30 (seconds) is the typical design criteria."
The Federal Railroad Administration says all trains must give motorists at least a 20 second warning before the train crosses an intersection.
In their safety guidelines, Union Pacific says they'll always meet the 20 second minimum unless a designed warning time is specified for certain intersections.
"The designed warning speed for this crossing is over 30 seconds," stated Pottroff.
This is why Pottroff feels there's a case against Union Pacific.
"I personally believe we've got to hold freight railroads, who are some of the biggest corporations in the world, responsible for public safety," said Pottroff.
This includes more than just the warning signal time.
Even though the city says the Show of Support Organization failed to request a parade permit, Pottroff says Union Pacific failed to stay in touch with the city and get informed on any upcoming events.
"I don't think the paperwork itself is where we need to look," stated Pottroff. "We need to be looking at, is there that open line of communication with the city of Midland and this railroad that is in place to protect the citizens of Midland?"
While the victims' attorneys say the railroad needs to be held responsible for the train tragedy, Union Pacific is fighting back.
But Union Pacific says that they were never told that there was going to be a parade on the night of the train tragedy.
"No, we did not know that a parade would be coming through this crossing" says Raquel Espinoza, Media Director for Union Pacific
Espinoza says that Union Pacific does everything they can to operate their trains in the safest manner.
"The federal requirement is that active warning signals need to activate 20 seconds before a train enters a railroad crossing" says Espinoza.
Union Pacific is saying that they have been following the Federal Railroad Administration (FRA) standards on the night of the accident.
According to Espinoza, cities and organizations will typically reach out to them ahead of time before crossing the train tracks.
Union Pacific says that the National Transportation Safety Board already addressed the issue of the warning signal at the third news conference, and says that it shows that Union Pacific met FRA standards.
