Skip to Main Content
Railroad News

Dump Truck Driver Surprised by BNSF Train at Dangerous, Unguarded Crossing

By Pottroff & Karlin LLC |

(Dakota City, Nebraska – September 13, 2012)

The driver of an empty dump truck, unaware of a Burlington Northern Santa Fe freight train coming toward him at an acute angle that made the train nearly impossible to see, tried to cross the dangerous, unguarded Pine Street intersection with BNSF railroad tracks at about 1:15 P.M. Thursday afternoon in Dakota City, NE, only to be struck and painfully injured by the train.

Xavier Hernandez, thought to be in his 50’s, of South Sioux City, NE, said he neither heard nor saw the oncoming train, one of about a dozen which cross Pine Street daily at a top speed of 49 mph, until the train hit the rear passenger side portion of the truck he was driving for Anderson Hauling of Dakota City, spinning it 180 degrees off the crossing and leaving it trackside, heavily damaged, and Hernandez with serious head injuries. The victim was rushed to Mercy Medical Center in Sioux City, Iowa, where he was admitted in fair condition.

The crossing, even with its extremely difficult, acute angular approach by the railroad tracks on the southwest side, is also obscured by a line of large, dense trees on the northwest quadrant, making trains coming from the north nearly impossible to see by drivers approaching eastbound, as Hernandez was. Yet, the Pine Street/BNSF crossing is “protected” only with standard, passive railroad crossbuck sings, lacking any form of active crossing protection such as flashing lights, bells or crossing gates, the existence of which railroad sources say would prevent 90% of all collisions between trains and highway vehicles.

Dakota County, NE Sheriff’s Deputy Penny Kleinberg said that “As you know, there are not always signals (at railroad crossings). There is some sort of sign. Just be aware of your surroundings and make sure you stay safe.”


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