Lawmakers Renew Call For Grade Crossing Study After Latest Death

HAVERSTRAW, NY — Days after a man was killed by a freight train in Rockland County, two state lawmakers demanded to know why the state transportation department study required by law is nearly a year and a half overdue. Senator David Carlucci (D-Rockland/Westchester) and Assemblyman Tom Abinanti (D-Greenburgh/Mt. Pleasant) met along with victims who lost family in rail accidents at the scene of the Sept. 5 deadly pedestrian train accident in Haverstraw.

The man was struck and killed by a CSX train in the early afternoon near the New Main Street and Conger Avenue rail grade crossing.

The New Main Street crossing has had at least seven prior incidents involving trains between 1979 and 2017, according to accident reports from the Federal Railroad Administration. Last year a truck was hit after getting stuck on the tracks. In 2003, a truck driver was killed when his vehicle was on the tracks and was struck by a train.

“Another person has lost their life, this time struck by a CSX train. We do not know if safety improvements like a gate going all the way across the street, a 4 quadrant gate barrier, or something as simple as LED lights could have prevented yesterday’s accident because the state DOT has not given us their study,” Carlucci said.

In 2016, Gov. Andrew Cuomo signed Carlucci's and Abinanti's legislation (A5235B/S.3458B),to require the DOT to conduct a comprehensive review of all 5,304 railroad crossings throughout New York State to assess their safety and identify any available funding for safety upgrades.

By law, Abinanti and Carlucci pointed out, the safety study was due to the governor and legislature by April 1, 2017.

“We can’t stop all railroad related deaths, but we can’t continue to do nothing,” said Abinanti. “The purpose of our legislation was to force NYSDOT- which has failed to respond over and over again to develop a plan to save New Yorkers from more deaths by railroad. At what point does their failure constitute negligence? We need our rail crossing study now."

Westchester resident Alan Brody, who has advocated for the rail grade study to be completed, understands these types of accidents all too well. His wife, Ellen Brody, was killed in 2015 after a Metro North Train hit her SUV on the tracks at the Valhalla Commerce Street crossing. The crash was the deadliest in Metro North History, leaving five people on the train dead and 15 people injured.

“My heart goes out to the family in this tragedy. What I want to remind everyone about is that while we are aware Positive Train Control is thoroughly being implemented, the reality is Positive Train Control does not cover the issue of railroad crossings at all,” said Brody. "These people, whether it is the DOT, the FRA, are not really working for the public’s interest. The only way they work in the public’s interest is the public speaks out and comes forward.”

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• Edgemont Resident Ellen Brody Among Victims in Metro-North Tragedy