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12/29/2009
Shapiro, Lewis & Appleton
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North Carolina mother, child die in collision with Amtrak train on tracks maintained by Norfolk Southern

Serious questions are being asked about whether the safety devices at a North Carolina railroad crossing were working when a young mother and her 5-year-old son were killed by an Amtrak train just four days before Christmas.

The crash – on tracks leased and maintained by Norfolk Southern – remains under investigation, but neighbors said the cross arms that were supposed to protect the mother and other drivers had been malfunctioning.

“They’ve been going just wacko, up and down and up and down, and there’s no train coming,” James Shanke Jr., a neighbor who witnessed the crash, told The Herald-Sun of Durham, N.C.

The car was hit at 10:30 a.m. Dec. 22 by an Amtrak train loaded with more than 200 passengers on its way from Charlotte, N.C. to New York City. The crash happened in Efland, an Orange County community about 20 miles northwest of Durham.

Gail Emory, a woman who works near the crossing, told the Chapel Hill News that the warning devices malfunction so frequently that she keeps the phone number for Norfolk Southern on a Post-It note on her desk.

However, the railroad and state officials have accused the driver, Erin Lindsay-Calkins, 26, of Efland, of colliding with the safety gates with her car and driving into the train’s path. Calkins and her 5-year-old son died. Her 3-month old daughter survived and is in fair condition at UNC Hospitals.

“There is not a history of any malfunctions at that crossing,” a Norfolk Southern spokeswoman, Susan Terpay, told the Chapel Hill newspaper.

Emory and others said they’ve called the railroad dozens of times over the past three years reporting erratic behavior by the warning arm and flashing lights.

Emory told the newspaper she often sees the crossing arm down when it should be up and up when it should be down.

“We knew someday this was going to happen,” Emory said.

 (MM)



Category: Railroad Injury/FELA



About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

In addition, we were the first injury law firm in Virginia to join
Primerus, a select group of highly ethical and respected law firms
. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.

We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

Best Injury Law Firm in VirginiaVirginia Super Lawyers





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