Home News Local News One month after fatal train accident, nagging, unanswered questions remain

One month after fatal train accident, nagging, unanswered questions remain

The 12:42 westbound train from Greenport at the Elijah's Lane crossing on March 23, the day after the tragic accident. Photo: Denise Civiletti

One month after an accident at the Elijah’s Lane Long Island Railroad crossing claimed the life of 34-year-old Frank McBride of Mattituck, unanswered questions about the crash nag at his grieving family and friends.

Within a few hours of the crash, MTA spokesperson Sal Arena placed blame for the accident on McBride, saying he drove around the crossing gate into the path of the westbound passenger train.

But a month later, the case still remains open and the investigation ongoing by MTA Police, MTA spokesperson Meredith Daniels said yesterday.

MTA Police are charged with investigating the accident and determining its cause, Southold Police Chief Martin Flatley said. Local authorities are not involved, except to the extent that they are first responders to an incident scene, he said. Local police turn the scene over to MTA Police as soon as they arrive.

The facts of what happened that afternoon remain shrouded in mystery.

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McBride, a Southold Town employee who worked at the town’s transfer station in Cutchogue, was on his way home for lunch, according to his aunt, June Behr, of Cutchogue. He was southbound on Elijah’s Lane at about 1 o’clock on March 22 when his 2002 Chevy Silverado was struck on the driver’s side by a westbound train that had departed from Greenport at 12:42 p.m., Arena said on the day of the accident.

“It just doesn’t make sense to us,” Behr said. “He was the most cautious guy. He would never go around a crossing gate that was down. It’s just not something he would do.”

LIRR locomotives are not equipped with video cameras, according to MTA spokesperson Daniels, so there is no visual record of the accident. McBride’s pickup was T-boned by the train and pushed off to a brushy area northwest of the crossing. On the day of the accident, Arena said the train’s travel speed had not yet been determined.

But the crossing gates were functioning properly and were in the down position, Arena said that afternoon.

The crossing gates, signals and the electrical equipment at the Elijah’s Lane crossing were inspected the day before the accident, on March 21, according to a report obtained by RiverheadLOCAL through a Freedom of Information Law request to the MTA. All equipment and systems were found to be in proper working order, the highway grade crossing test report prepared by a LIRR employee said. Reports for each of the previous 14 months, were also obtained and examined. Each report indicated that all equipment at the Elijah’s Lane crossing was functioning normally.

Southold Police call the MTA with reports of crossing-gate malfunctions. The reports are not assigned a complaint number, the police chief said. A dispatcher will telephone the MTA to let the agency know of any problems reported to or observed by police.

The Federal Railroad Administration, which regulates the operation of railroads throughout the United States, has rules for the proper functioning of grade crossing equipment and standard procedures for locomotive operators entering grade crossings.

Federal rules require the highway-rail grade crossing warning system to indicate the approach of a train: lights must begin flashing at least 20 seconds prior to the train entering the crossing; the gate crossing arm must begin to descend within three to five seconds after the crossing lights begin to operate; the crossing gates must be fully horizontal within 10 to 12 seconds after they begin to descend.

The monthly inspection reports for the Elijah’s Lane crossing all show that the lights and gates functioned as required.

That’s small comfort for McBride’s family, who are left with nagging questions about what happened that day. They know he was on his way home for lunch and can’t fathom that he’d take the chance of driving around the crossing gates. “It doesn’t add up,” his aunt said.

McBride’s family, obviously still reeling from their loss, want answers. They have no choice but to wait to hear what the MTA decides.

The Federal Railroad Administration, despite its role as regulator, does not investigate highway grade-crossing collisions unless they meet certain criteria:

  • death of one or more persons in a commercial motor vehicle or school bus;
  • serious injuries sustained by several persons transported by a commercial motor vehicle or school bus;
  • three or more motor vehicle occupant fatalities; or
  • no fatality, but involving credible evidence of a malfunction or failure of an active
    warning device which is alleged to have contributed to or caused the accident.

The N.Y. State Department of Transportation does not investigate rail accidents either, according to a spokesperson for that agency.

Behr said it’s disquieting to think that the MTA, the only official entity investigating the crash, “is investigating itself.”

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Denise Civiletti
Denise is a veteran local reporter and editor, an attorney and former Riverhead Town councilwoman. Her work has been recognized with numerous awards, including a “writer of the year” award from the N.Y. Press Association in 2015. She is a founder, owner and co-publisher of this website.