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ABILENE, KS – Elmer “Butch” Hulse, 59, of Wakarusa, a worker for Union Pacific Railroad, was killed when a 1995 Ford passenger car struck his pickup Sunday afternoon, August 28, when the cross arms didn’t come down at an intersection just east of Abilene.

Rail crossing in Abilene, KS just south of Old U.S. 40 where a Union Pacific railroad worker was killed on August 28, 2011. The victim was traveling westbound in a pickup truck fitted with wheels for railroad tracks when it was struck at the rail crossing by a passenger car traveling southbound on Jeep Rd.

The Kansas Highway Patrol accident report said Hulse died after being taken to Abilene Hospital. The report said he was driving a 2006 Chevrolet truck and wasn’t wearing a seat belt.

Map showing location of fatal collision involving pickup truck and passenger car on the tracks at the Jeep Rd rail crossing just south of Old U.S. 40 in Abilene, KS on August 28, 2011.

The Capital Journal reports:

Mark Davis, a regional media director for Union Pacific, said the employee was westbound around 4 p.m. Sunday in a pickup fitted with wheels for the track when the truck collided with a southbound vehicle on Jeep Road.

The arms are supposed to come down when such trucks are used on the tracks, Davis said.

KHP road trooper Marshall Hageman said “it was just an unfortunate accident” and no citations were issued based on the evidence. The investigation will focus on whether the cross arms were functioning, he said.

Davis said he didn’t know why the arms didn’t go down.

The accident report said Jean Aker, 52, was driving the 1995 Ford passenger car that struck Hulse. She also was taken to Abilene Hospital, but a KHP spokeswoman said her injuries weren’t classified as being serious.

The incident remains under investigation at this time.

FELA Lawyer News Blog is a FELA, train accident and personal injury blog that publishes up to date train accidents and FELA legal news from across the United States. The Federal Employers ‘Liability Act, (FELA) allows injured railroad workers to recover compensation based on the negligence of the railroad company, in lieu of workers’ compensation. FELA defines negligence as the railroad company’s failure to use reasonable care.

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