Skip to Main Content
Railroad News

Sun’s Glare Contributes to Motorist vs. Maintenance Equipment Wreck at Non-gated Rail Crossing

By Pottroff & Karlin LLC |

(Seymour, Indiana – August 15, 2012)

The overwhelming glare of the rising sun coupled with the absence of railroad crossing gates early Wednesday morning at about 7:30 A.M. when an eastbound motorist failed to see both a ballast regulator parked on the grade crossing of Bruce Street and Louisville & Indiana Railroad tracks inn Seymour, IN, as well as the flashing lights above the crossing.

Kevin Maschino, 55, of Seymour suffered extensive cuts to his face, requiring stitches, when his windshield broke as he drove right into the piece of track-mounted maintenance of way equipment used to smooth and even out the rock ballast used to hold the railroad track firmly in place. The operator of the ballast regulator, 33-year-old Daniel Becker of Connersville, IN, and an employee of railroad maintenance contractor All Track, Inc. of Pendleton, IN, had left his machine on the grade crossing in order to throw a track switch and allow the machine to move from the L&IRR siding to its main line.

The collision with the ballast regulator smashed the auto’s door frame and buckled the windshield. The victim was taken to Schneck Medical Center, just a few blocks away, for treatment of his injuries.

Seymour Police Dept. Cpl. Tim Toborg said no citations were issued in regard to the accident.

The Louisville & Indiana RR is one of several properties operated by the Anacostia & Pacific transportation consulting firm.


Railroad News


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