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Railroad News

Truck Driver Dies at Dangerous, Unguarded East Texas KCS Crossing

By Pottroff & Karlin LLC |

(Hopkins County, Texas – July 18, 2012)

The 33-year-old driver of a small truck was killed Wednesday evening when his vehicle was struck by a Kansas City Southern freight train at the dangerous, unguarded crossing of KCS railroad tracks and Hopkins County Road 4721 near Brashear, TX.

Martin Ruiz-Herrera of Point, TX was pronounced dead at the scene of the tragedy, which is being investigated by Texas DPS Highway Patrol Trooper Billy Haley.

CR 4721 dead-ends into the Interstate 30 Service Road just beyond the crossing of KCS tracks, which parallel I-30. The crossing is “protected” solely by standard, passive railroad crossbuck signs, completely lacking any active protection such as flashing lights, bells or crossing gates, the presence of which have been proven to be 90% effective in prevention of such tragedies.


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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.

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Jon C. Clark Austin, Texas

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