In a horrifying scene in Midland, Texas three years ago, a Union Pacific freight train slammed into a flatbed trailer being used as a parade float. Twenty six people were on board the float, including 12 US armed forces veterans who had been wounded in action. Four were killed and sixteen were seriously injured. Now, family members of the victims are repealing a court decision, alleging that railroad officials had prior knowledge of a critical defect in the warning system and may also have violated an agreement with the state of Texas by resetting the warning timing mechanism.

Shortly before a trial was set to begin last January 26 of the survivors and victims' family members settled for an undisclosed amount with Union Pacific, the nation's largest railroad with $5 billion in profits last year. A judge dismissed the remaining case in February, citing an investigation by the National Transportation Safety Board concluded that the float may have begun crossing the track after the crossing arms were deployed.

Now, however, three widows of the victims have appealed the ruling. Court records show that 10 months before the accident a Union Pacific contractor alerted railroad officials to a critical problem in the in-track circuitry which activates warning bells and lights and deploys the gate arms. Plaintiffs also allege that the railroad had set the warning time at 25 seconds, rather than the agreed-upon 30 seconds. In a deposition, the driver of the truck pulling the float testified that a full 30-second warning would have avoided the accident. Union Pacific must file a response by Dec. 21.

The case highlights multiple issues that can be at play when warning mechanisms and gate deployments prove inadequate in avoiding accidents. If you suffer an injury or loss in train-involved incident and believe that lack of adequate warning may be to blame, contact Jacksonville's Rail Justice at 888-519-RAIL.