The family of a 6-year-old boy who tragically lost his life in a train crash in North Tonawanda has sought legal representation, retaining the law firm of Schiffmacher Cinelli Adoff LLP.
Ra'Mari Geldart, along with David McGinn, 69, and Olive Geldart, 66, were killed when their pickup truck was struck by an Amtrak passenger train on May 17th. The incident occurred as the truck stopped on the train tracks while the railroad gates closed around them after turning off River Road onto Felton Street.
Authorities are still investigating why the truck came to a halt on the tracks, but they have confirmed that a traffic stop was occurring on the other side of the tracks. Todd Schiffmacher, one of the attorneys representing the sole legal guardian and father, expressed concerns about the conduct of all parties involved in controlling the Felton Street railroad crossing, except for Ra'Mari. He emphasized that Ra'Mari was an innocent victim in this tragic accident, and his family has been deeply affected by his untimely death. The legal team is determined to uncover the cause of the accident and work towards preventing similar incidents in the community.
"The firm has been asked to investigate the cause of the fatal railroad accident and to preserve Ra'Mari's legacy by holding the responsible parties accountable for their actions," said Schiffmacher.
After reviewing the facts thus far, legal scholars believe liability might exist with the law enforcement agency who had conducted a vehicle and traffic stop close to the railroad tracks. There is a duty to create a safe environment for motorists when engaging in a V&T stop. It has been alleged that perhaps the truck driver felt he could not move around the police stop. Questions have also been raised about how law enforcement did not see the truck sitting on the tracks having been in such close proximity.
We wrote recently about the dangers of traffic stops during saturation patrols (https://www.niagaraaction.com/fatal-north-tonawanda-train-crash-underscores-risks-of-traffic-stops-during-saturation-patrols). In a situation such as this where law enforcement agencies are operating in a municipality they are not familar with, unforseen events can arise. As more information comes out, we will share it with you.
According to records maintained by the Federal Railroad Administration, North Tonawanda has experienced 28 train-vehicle accidents since 1976, with 6 of them resulting in fatalities and 6 causing injuries.