Over three dozen survivors and family members have filed a lawsuit against
Union Pacific Railroad Co., accusing the Omaha-based company of negligence
relating to a crash during a Texas parade that killed four veterans.
Union Pacific, which is headquartered in Omaha, is the subject of lawsuits
filed on behalf of 42 people who were injured or lost loved ones in a
2012 parade in Midland, Texas that killed four veterans. A parade float
carrying U.S. Military veterans was on the tracks when it was hit by a
Union Pacific freight train.
The crash, say the plaintiffs, was caused by a defect in the track detection
circuitry. Union Pacific allegedly knew about the defect ten months prior
to the collision, yet did nothing to remedy it.
The track defect, according to the lawsuit, caused a delay in the crossing
gate’s warning lights and bells. Additionally, the lawsuit claims
that the amount of time the warning bells and lights were set to go off
was not adequate per a state agreement.
Trial was scheduled for January 26, 2015, but soon before this date, the
victims reached a settlement with Union Pacific. The judge dismissed the
one case that was remaining against the rail company, but the plaintiffs
(three widows whose husbands died on the float) appealed. Union Pacific
has less than a month left to respond to the appeal.
Union Pacific continued to deny fault, claiming that there was no negligence
on their part that led to the fatal collision. Although evidence has proved
that there was adequate warning (20.4 seconds, 0.4 seconds more than the
federal minimum for train crossings), the plaintiffs allege the warning
doesn’t meet the 30-second requirement it was originally designed