Skip to Main Content
Railroad News

Railroad, State Gamble With Children’s Lives At Dangerous, Unguarded Tennessee Crossing

By Pottroff & Karlin LLC |

(Washington County, Tennessee – June 4, 2012)

School bus driver John Larney worries every time he must risk the lives of the 54 high school students he hauls across Norfolk Southern railroad tracks at Woodlyn Road twice each school day in Washington County, TN.

“The way the road is positioned you can’t see if there’s anything coming, and it’s like a game of roulette – it’s chance! You stop, you listen. If the timing’s wrong, you’re going to have a serious accident,” attests the veteran school bus driver.

Now that school is out for the summer, Larney can relax for a few months. But things won’t be any better by the time school re-opens this fall.

The Woodlyn Road/NS RY intersection not only lacks any form of automatic train approach warnings, having only passive railroad crossbucks and highway stop signs for “protection”, but is further hampered through the existence of terrain and vegetation hazards that make any train impossible to see far enough away to allow safe passage for a vehicle like a school bus, which law requires drivers to stop at any rail crossing, and to proceed across at the lowest forward gear. Yet, neither the Tennessee Dept. of Transportation nor Norfolk Southern Railway seems to see any reason to expedite already-approved automatic protective signalization. Instead, all involved are playing the red tape game as they gamble with the lives of the students John Larney is supposed to safely transport from home to school and back again.

According to TDOT, the Woodlyn Road/NS crossing is one of the 1,362 rail crossings out of Tennessee’s total of 2,762 highway/railroad crossings – nearly 50% — which lack any automatic protective systems such as lights, bells or gates. And, the Federal Railroad Administration says that at least 15 trains cross there daily at speeds as high as 60 mph.

“Currently, TDOT does not have a contract with Norfolk Southern for the improvements, but we are in the process of contracting with NS,” says Tennessee DOT’s Mark Nagi. “At this stage, it will be approximately one year before the project is actually built and in place,” Nagi continues. “This is due to the processing still to be completed with TDOT, the time it takes for NS to order materials, and the time that is required by NS to have a construction crew available to construct the job.”

But the TDOT official reminds Washington County parents that the protective system – once it IS operational, is gratis. “This is a 100% federally funded safety improvement and will be completed at no cost to the local government.”

That should be comforting to school bus driver Larney when August rolls around and he knows the safety of his student charges will continue to be ignored for at least another year.


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