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New York snow plow operator killed in railroad crossing accident

By Pottroff & Karlin LLC |

An upstate NY 68-year-old man was killed at an unprotected crossing in Northumberland on Wednesday morning.  According to the sheriff’s department, the truck was crossing the tracks and got stuck.  An oncoming freight train then hit the truck, killing the operator and injuring the 53-year-old driver.

This dangerous crossing has no protective lights or gates.

Any railroad crossing which commercial truck drivers must drive over must be outfitted with lights and gates as an absolute necessity.  Unprotected railroad crossings are dangerous for any driver, but the hazards are especially significant for drivers of commercial trucks.  Their size and weight greatly increases their chances of becoming stuck, among other issues.

This tragedy is no exception.  There is nothing to indicate any improper action on the part of the truck driver or operator.  Instead, the issue here is the one that is conveniently ignored by railroads and their public relations outfit, Operation Lifesaver: a dangerous and unprotected railroad crossing.  The fact that the truck became stuck in the first place suggests that the crossing itself has not been maintained well enough to be suitably fit for commercial trucks.  Yet if this crossing had proper equipment, the two men would not have been on the tracks as a train approached anyway.

This accident is an unnecessary tragedy.  Lights and gates save lives.  It is outlandish that two-thirds of all U.S. railroad crossings do not have them.


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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

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

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