Skip to Main Content
Railroad News

High Profile Midland, Texas Crossing Causes Serious Train/Semi Collision

By Pottroff & Karlin LLC |

(Midland, Texas – October 9, 2013)

An 18-wheeler loaded with oilfield pipe became impaled upon a low-ground-clearance crossing which was not marked as such, and was then struck by a Union Pacific freight train about five minutes later around 9:00 A.M. Wednesday morning at the intersection of UPRR rails and CR 1130 in Midland, TX. Witnesses filmed both angles of the accident with their cell phones. The videos taken by Kelly Blay of Abilene, TX and Dimber Garcia of Midland, TX appeared on local TV stations in Midland and then went viral on the Internet as well as international news media services.

With no indication of the crossing being one for 18-wheelers and other potentially long or low trailers to avoid, truck driver Blain J. Harrison had no way of knowing his load would not clear the crossing. With no time to notify the railroad’s emergency phone line of the situation, Harrison stayed with his rig and unsuccessfully attempted to dislodge it until the train was so close that he was still standing directly beside the tractor as the collision occurred.  The rig and its load were all destroyed in the wreck.

The train, travelling along the same rail corridor as the tragic November 15, 2012 Wounded Warrior/Hunt for Heroes parade collision that killed four veterans and injured a number of others when an 18-wheeler loaded with wounded vets and their wives was struck by a UP freight train as the crossing signals at the Garfield/UPRR crossing in Midland gave less than significant warning time to the parade participants to avoid the tragic accident, carried the entire rig, scattering its load along the route, for a half mile beyond the CR 1130/UPRR intersection. At least 100 gallons of diesel fuel was spilled from one of the locomotives when its fuel tank ruptured.

Ironically, the Texas Dept. of Transportation’s railroad crossing authority had given strong consideration to eliminating the CR 1130/UPRR crossing in April of this year following a half dozen accidents there in the preceding 12 months, but due to its use by school busses and emergency service first responders, it was considered “too busy to close”.


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