Train Crash Victim's Attorneys File Lawsuit 11/28/12
CBS 7 Reporter
November 28, 2012
Midland, TX - Attorneys say they're fighting for justice for the victims of the crash.
Today they filed a lawsuit against the railroad company and the trucking company that was carrying those wounded war heroes.
"Since they own the truck and we know the railroad is going to blame them, we have to go ahead and investigate all of the evidence and the two owners of all the evidence are Smith industries and The Union Pacific railroad, explains Attorney Bob Pottroff.
Pottroff hopes that evidence will prove the railroad company didn't give proper warning signals and he claims the crossing itself is unsafe.
As far as the trucking company goes, the lawsuit states that the driver failed to keep a proper lookout and knowingly put his passengers at risk, now he just has to prove it.
"It's test results, the black box off of the truck, black box off of the train, all of the types of evidence the NTSB collected we nee," Pottroff explains.
Pottroff says the victims he's working with made it very clear that they don't want the parade organizers, including The City of Midland or Show of Support, targeted in the suit.
"One of the things Rich Sanchez told me is he felt like it was his home town after a few days, he was emotional about how wonderful the city of Midland has been to him, Pottroff claims. Its been almost unanimous that nobody wants to see anything bad come to that organization or that cause."
In fact, Pottroff says many of the victims he is representing have donated money back to Hunt for Heroes to show they still support this cause and don't want it to end.
Pottroff expects more of the victims to join the lawsuit once they finish their recovery process.