20 July 2023
TOPEKA (KSNT) – After Tuesday’s deadly crash at a railroad crossing in west Topeka, one local family is asking how this could have happened again.
Since 1993, the Federal Railroad Administration has investigated 10 separate train-vehicle crashes this crossing, two of which resulted in death. On Tuesday, Carl Myles, of Topeka, was killed when his truck was struck by an oncoming Union Pacific train as he pulled out of Bettis Asphalt Concrete Supply.
Thirteen years ago, Don Akins, of Silver Lake, was killed a very similar crash at that same location. His family remembers him as loving husband and father. When they learned this most recent fatality, Akins’ wife Jane said she and her daughters couldn’t help but feel for the grieving family on a personal level.
“All I could think is the family that lost their loved one. It’s so hard,” Jane Akins said. “Cherish the ones that you have right now, because you never know what the next day is gonna happen.”
Akins was a professional truck driver for more than 30 years. His daughter Nikki Thompson said if there’s anything he’ll be remembered for, it’s his big heart.
“If there was any more of a kind or gentle person, I don’t really know them. That was my dad,” Thompson said. “He was always proud of his girls too and I really miss him.”
Not only did this most recent tragedy force the family to relive memories of Akins’ death, his daughter Jacinta Justice said it has them asking why this railroad crossing remains unmonitored.
“Grief is like an ocean. It comes in waves and just seeing any railroad crossing that does not have crossing bars is a trigger for me,” Justice said. “You cannot rely right there by the highway, where loud semis could be going by in the background, and you’re solely relying on visuals that aren’t that great.”
Working for you, KSNT 27 News reached out to Union Pacific on these concerns. Union Pacific spokeswoman Robynn Tysver said it’s a common misconception that railroads decide where and what types of warning signals are installed at crossings.
“In reality, the process is governed by a federal program since crossing signals are defined by the Federal Highway Administration as highway control devices, not railroad signals,” Tysver said. “The entity that has authority over the road, including state, county, and city agencies, have the responsibility to ensure the safety of the roadway through its design, placement and operation.”
While located within city limits, a spokeswoman for the City of Topeka said the city does not maintain this crossing. Federal Railroad Administration records show it sits on privately owned land. Regardless of who is in charge of what happens next, Akins’ daughter Tonya Olson is calling for change.
“We really need to get crossing lights and gates up there to protect the people that work for Bettis Asphalt, Topeka Concrete, Shawnee County workers, Kansas Sand, all of those workers that cross that daily to earn a paycheck. We really need to get crossing lights and gates set up so we can protect them,” Olson said.
The family has started an online petition to install crossing gates and lights at the crossing.