Skip to Main Content
Railroad News

Father and Young Son Seriously Injured by Train at Dangerous, Unguarded CSX Crossing

By Pottroff & Karlin LLC |

(Cawood, Kentucky – June 30, 2013)

A 44-year-old father and his nine-year-old son were airlifted to different hospitals after their 2011 Nissan Frontier pickup truck was struck on the driver’s side by a freight train as it crossed CSX railroad tracks at the Adler Lane grade crossing in Cawood, KY Sunday morning at about 10:30 A.M.

Both Rodney Bolin of Evarts, KY and his son, Braxton, who lives with his mother and step-father in Cawood, KY, where he is a student at Cawood Elementary School, had to be extricated from the truck through the passenger side after the heavily damaged vehicle was flung into a water-filled ditch away from CSX tracks. The father was flown to Holston Valley Medical Center in Kingsport, TN, while the nine-year-old was taken by helicopter to the Johnson City Hospital in Johnson City, TN. Both were admitted in critical condition for treatment of serious injuries.

Area residents, including public safety officials, indicated the dangerous, unguarded Adler Lane/CSX railroad crossing was basically an accident awaiting a victim. Harlan County Rescue Squad Captain Chris Allen was one who questioned the crossing’s safety. “It was a private road. They have no signals or markings on it.”

It is virtually certain that lights and gates would have prevented this incident. Both CSX 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%.

Van Allen Hensley, who lives just up the hill from the crossing, said he was just returning home from church when he came upon the accident scene. Hensley agreed that the lack of signals or markings represents a serious safety concern. “What was going through my mind?” reflected Hensley. “I was worried about the passenger – the little boy,” he said. He added that train engineers do not blow the locomotive whistles as they emerge from a tunnel that is part of the approach to the crossing. A daily average of three trains cross there at a maximum allowable speed of 35 mph.

Investigation into the accident is being led by the Kentucky State Police.


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