There was a freak truck vs Dart train crash that happened in Dallas on May 30, 2013. A vehicle approaching one one side of the crossing either was blocking the arms path or struck one as they dropped, so they went back up on both sides. An approaching vehicle from the other side came out of some trees in what appears to be a blind crossing point for the tracks. The vehicle proceeded across and was struck by the train.
If you have not seen the video previously aired by Channel 5 NBC DFW, here it is:
View more videos at: http://nbcdfw.com.
Obviously, the negligence of the first truck driver in striking and/or blocking the arm contributed to this. However, one must wonder why the DART company failed to clear the view for cars approaching from the other side. One must also wonder why both arms would pop up since one is for traffic one one side of the road and the other is for traffic going the other way. It certainly appears from this sad video, that the driver who was killed was the innocent victim of poor planning by DART and the failure to stop of the other vehicle driver.
DART–Dallas Area Rapid Transit is a private company that contracts with the City of Dallas to provide transportation services. They enjoy a limited amount of governmental immunity for certain acts. If handled by knowledgeable accident lawyers, a claim brought against DART can sometimes avoid the limitations imposed by the Texas Torts Claims Act. However, strict notice requirements can also operate to bar a claim if the injured victim’s representatives fail to act fast to preserve the claim.
A special thank you to Channel 5 NBC DFW for making the above video share-able.