Tragic Train Accident May Change Railroad Procedures
On November 15th, a Union Pacific train slammed into a parade float. The float was in a parade to celebrate veterans and their sacrifices for Veteran’s day. On the float were veterans who had been injured in the line of duty on their way to be feted at a banquet hall. The crash between the train and the float left 4 dead and 16 injured. Those killed in the accident included Army Sgt. Joshua Michael, 34, a native of Amarillo. Those families of the hurt or killed veterans are now searching for closure by bringing a personal injury lawsuit against Union Pacific and Smith Industries. There are nearly 3,000 accidents annually involving trains at railway crossings. According to a notice from the Federal Railroad Administration, the majority of these accidents happen because the inattention paid by a driver or pedestrian. Though, in a handful of cases, the accident is a result of a warning system error. The case against Union Pacific is that the warning system at the intersection of the railroad tracks and S. Garfield St. While the federal requirement of the warning system was met, there is some indication that more time should be necessary. The federal requirement is ten seconds less than some authorities feel is necessary at this crossing. There are cross-streets on both sides of the intersection which are closer than 100 feet, leading to an assumption that more time is necessary to properly warn traffic. Smith Industries is being sued rather than the driver they employed to operate the float, Dale Andrew Hayden, 52. Hayden, as an entity of Smith Industries, is alleged to be negligent by failing to keep a proper lookout, to traverse the crossing safely, and exercise care for his passengers. If you have been injured in a car accident, it may be due to the negligence of a third party. You may be entitled to monetary damages in order to cover hospital bills, unearned wages, or trauma that you have endured. Please contact an experienced personal injury attorney in New Braunfels to review the particulars of your case.