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Two Seriously Injured in North Carolina at Dangerous, Non-Gated Norfolk Southern Crossing

By Pottroff & Karlin LLC |

(Kinston, North Carolina – January 19, 2016)

A collision between an eastbound car and a northeast-bound Norfolk Southern freight train at the extremely skewed intersection of Vernon Avenue and NS railroad tracks early Tuesday morning, at about 7:30 A.M., EST, seriously injured two unidentified Kinston, North Carolina residents.  The car occupants were transported to Lenoir Memorial Hospital in Kinston, NC, and from where they were airlifted to Vidant Medical Center in Greenville, NC, and admitted in critical and serious conditions.

The victims had to be extricated from their massively-damaged van by emergency responders from Kinston Dept. of Public Safety Fire/Rescue.

Whether or not overhead cantilever flashing lights were properly functioning was not known, but, according to records kept by the Federal Railroad Administration, an average of over 21,000 highway vehicles, including seven school buses, cross paths with three NS trains at a maximum allowable speed of 30 mph each day.  Also, there have been three previous collisions at this crossing, the most recent of which resulted in a fatality. What is clear from all these collisions is that the addition of automatic gates would have likely prevented these tragedies. Both Norfolk Southern and Operation Lifesaver know that the installation of gates to flashing light only crossing can reduce accidents by two-thirds.


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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

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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

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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.

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