Skip to Main Content
Railroad News

Two Injured at Dangerous, Unguarded Kansas Crossing

By Pottroff & Karlin LLC |

(Langdon, Kansas – October 6, 2012)

Although post-accident reports said that the driver of a 1995 Dodge tried to beat the train, it was probably a situation of panic and reaction Saturday evening at about 7:00 P.M. when an eastbound Union Pacific freight train struck the southbound vehicle carrying three people at the dangerous, unguarded crossing of UPRR tracks and Avery Road on the east edge of Langdon, KS.

Large trees block the motorist’s line of sight to the northwest, thus creating a situation where the driver must almost come to a complete stop to see a train from the west at the crossing, which has severe 35 degree inclined approaches as Avery Road crosses the tracks less than 100 feet from its intersection with Kansas Highway 61, which parallels the railroad tracks. Even though 10 Union Pacific trains cross Avery Road daily at speeds as high as 70 mph, “protection” at the crossing consists of a pair of standard, passive railroad crossbuck signs. Any flashing lights, bells or crossing gates, which industry sources claim would halt 90% of train/highway vehicular accidents, are completely missing.

The driver, Ben Cody Tucker, 20, of St. John, KS was uninjured, but his two passengers, Perla P. Desantiago-Rodriguez, 20, and Jonathan Paul Whitecloud Hyson, 20, of Langdon, who were on the side of the car struck by the train, were both injured and were transported to Hutchinson Regional Medical Center. Both the injured were wearing their seat belts, according to the Kansas Highway Patrol, whose trooper was assisted by the Reno County Sheriff’s Office in the accident investigation.


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