Fatal Florida Train Crash Highlights Dangers of Private, Unguarded Crossings That Exist Across US
The weekend crash between a train and an SUV that killed six people in Florida happened at a private road crossing where little more than a sign or two is required — no crossing gates, no flashing lights, no warning sound.
September 26, 2023 at 01:19 PM
4 minute read
TransportationThe weekend crash between a train and an SUV that killed six people in Florida happened at a private road crossing where little more than a sign or two is required — no crossing gates, no flashing lights, no warning sound.
The Federal Railroad Administration reports there are more than 80,000 such crossings in the U.S. and has recommended installation of uniform, easy-to-understand warning signs, though officials often have no jurisdiction over the private crossings. Over a 10-year period ending in 2017 there were 3,427 accidents at private crossings, about 14% of the national total during that span, according to the agency.
Another one happened Saturday night at a crossing near Plant City, Florida, east of Tampa. The Hillsborough County Sheriff's Office said that just before 7 p.m., a Cadillac Escalade driven by Jose G. Hernandez, 52, crossed the tracks into the path of a CSX train going 55 mph (88 kph).
Hernandez died Sunday at a hospital. Five others died at the scene: Enedelia Hernandez, 50; Anaelia Hernandez, 22; Jakub A. Lopez and Alyssa Hernandez, both 17; and Julian Hernandez, 9. Another passenger, 23-year-old Guillermo E. Gama III, is in critical condition at a local hospital.
Sheriff Chad Chronister said Monday that Gama is expected to survive.
"We are hopeful about this young man's recovery and remain committed to not only the investigation but the healing of all those impacted," Chronister said in a news release.
Authorities said all the victims were part of an extended family on their way to a birthday party at a house a short distance down the private road from the railroad crossing.
Chronister told reporters that video surveillance showed the Escalade slowly driving across the tracks but not stopping. He said the train conductor and another driver honked and flashed their lights to get the driver's attention but the train was not able to stop.
No one was injured on the train. CSX said in a statement Monday that the company has been working to close more crossings to improve safety and that decisions on what type of warnings or signs should be installed are made by local authorities.
"There are more distractions than ever for drivers and pedestrians, underscoring the need for people to always use caution around tracks and trains. We urge motorists to give their full attention when approaching railroad crossings and adhere to the posted traffic signs," CSX said.
Chronister said the vehicle flipped several times after impact and appeared like a "soft drink can that was smashed."
"I think anyone who has seen the carnage that's been created, whenever you compound that with children lost their lives here, maybe an entire family, maybe an entire family lost their life here tonight," Chronister said.
According to a Federal Railroad Administration inventory of train crossings, the rail line near Plant City carries both freight and passenger trains: six trains during the day, six at night. It is not considered in a "quiet zone" that involves more regulation; the railroad has a maximum speed of 79 mph (127 kph).
The crossing has two stop signs and two "crossbuck" signs that are in an X shape with lettering that indicates a railroad crossing, according to an April inventory.
The railroad administration says that "engineering treatments or improvements (such as warning signs) are typically not elaborate" at private crossings. Almost all of them involve roads for farms, industrial locations or residential areas and the roads are either not open to the public or are not maintained by governments or other public authorities.
There are an average of 29 fatalities a year at private rail crossings, officials said. There are limits to government authority on private crossings.
"State and local authorities are often reluctant to exercise any jurisdiction over operations and safety at private crossings because they are private property," the railroad administration said in one report, adding that U.S. law prohibits "federal funding of private crossing safety improvements with a few exceptions." States have varying laws on the issue.
The agency in 2019 recommended that where signs are installed at private rail crossings that they adhere to a uniform series that drivers can easily comprehend.
Curt Anderson reports for the Associated Press.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
3 minute read'A Fierce Battle of Expert Witnesses' Expected in Cybersecurity Spat
Big Law Assembles as Cruise Lines Clinch Partial Victory in $439M Havana Docks Suit
Estate Sues U.S. Government Over Fatal Midair Collision
Law Firms Mentioned
Trending Stories
- 1PepsiCo's Legal Team Champions Diversity, Wellness, and Mentorship to Shape a Thriving Corporate Culture
- 2The Dynamic Duo Behind CMG's Legal Ops Team
- 3Land Use Issues Presented By Cold Storage Warehouses
- 4Zero-Dollar Verdict: Which of Florida's Largest Firms Lost?
- 5Appellate Div. Follows Fed Reasoning on Recusal for Legislator-Turned-Judge
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250