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Dump truck hit by train at unguarded railroad crossing

By Pottroff & Karlin LLC |

A Montgomery, Alabama dump truck was hit by a CSX freight train at 8 AM on Saturday. The driver, Jackie Carroll Kemp Jr. was transported to a local hospital with minor injuries reported. The CSX operator was uninjured, although the train itself did derail. Fortunately, none of the hazardous materials being transported by the train were spilled.

The railroad crossing at which this accident took place at was not outfitted with any protective equipment. The only warning device present is a passive crossbuck sign. Commercial truck drivers should never have to drive over unprotected crossings such as this. Active and protective warning – lights and gates – are needed at all railroad crossings, but especially those used by commercial truck drivers.

Railroad companies typically know this. Truck drivers are not supposed to have to drive over these dangerous crossings. The nature of the vehicles they drive increases the risks at railroad crossings – they cannot stop and accelerate as freely as smaller vehicles, and unkempt tracks can prohibit their movement and cause them to get stuck in more ways than smaller vehicles. It is simply a safety hazard that should not exist.

Given the truth of this claim, there are two options: either commercial truck driving paths are seriously altered in many cases to prevent drivers from crossing unguarded tracks, or railroad companies outfit these crossings with protective equipment. Only one of those options provides needed safety improvements for the public at large as well.


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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

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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

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