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 Expert  724408

Expert in Railroad Crossing Accident Investigation, Reconstruction, and Accident Instruction and Education

Available for your Consulting and Expert Witness Needs

West Virginia (WV)
Education Work History Career AccomplishmentsPublicationsConsulting Services Expert Witness

Summary of Expertise: Listed with other top experts in: 
Expert is an expert in Railroad Crossing Accident Investigation, Reconstruction, and Accident Instruction and Education. His expertise in Advanced Traffic-Management Systems also includes Highway/Rail Crossing Warning systems. Millions of drivers depend on the integrity of these circuits in their daily commute. When crossing gates fail to protect drivers, resulting in a train/car accident, local and state police have no understanding of the technology failure that caused the accident. Local and state police have no knowledge of the Federal Regulations that are to be used in the investigation and have no jurisdiction to investigate, or enforce federal regulations. The responsible party for crossing accident investigations and enforcement is the Federal Railroad Administration (FRA). Unfortunately, the FRA responds to less than 1% of all crossing accidents, but require the railroad to "self investigate" and report the cause to the FRA. The rail road police officer, assigned to self investigate and report, is authorized by each state to, act as an official state trooper, on behalf of the state. Usually, a state has only one law to enforce in these crossing accidents, "Driver failed to yield to the trains right of way." This process, results in a near 100% of all highway/rail crossing accidents being determined as the driver, being at fault. Drivers, who survive, are often prosecuted for vehicular homicide and insurance companies are forced to pay for damages, caused by the railroads. As a former Highway/Rail Crossing Systems Manager for CSX Transportation and having been used as an expert by the USDOT, OIG, he is unique in providing technical expertise in crossing warning system failures and understanding the Code of Federal Regulations (the laws)that are applicable. Many local communities and police are powerless in getting a rail road to respond to crossings that are malfunctioning, or failing, due to a lack of understanding in technologies and laws. Lack of knowledge in these areas, result in a break down in our judicial process and enforcement of laws. The general public who are unfortunate enough to have a family member killed in a car/train accident have little representation from the judicial process. The public is familiar with normal traffic laws, but know nothing of the laws as they pertain to railroad crossings and an accident that took a family members life, is being self investigated and reported by the railroad.

advanced traffic-management system


control system


railroad accident


mass transit accident


case investigation

An automatic train control system usually indicates, an operation of an unmanned train. However, trains also incorporate an automated system, responsible for activating Highway/Crossing gates and lights. Federal Regulations require a railroad to use a train detection system that will NEVER provide a driver less than 20 seconds warning, prior to a train's arrival at a crossing. To accomplish this task, an automated system is installed on the tracks, which detects a train's presence on an approach to the crossing at a distance, ample to provide the required 20 seconds. Even though, these automated systems once followed a Federal requirement of being "Fail-Safe", railroads have adopted a new control circuit that fails to protect drivers. He has provided training seminars to both the NTSB and FRA on these control circuits and is the only private citizen who has done so.

automatic train control system


electric circuit


electric switch

Most all cities across America have a common problem in getting a railroad to install a new Highway/Rail Crossing Warning System, or lights and gates. These problems include tremendous costs for materials, labor and overhead. Each state schedules new crossing warning system installations based on a formula, but most, are determined by the number of deaths at a particular crossing. Having managed the Highway/Rail Crossing installation and maintenance program for CSX Transportation, he became intimately familiar with the process, used throughout the rail industry. As a result, the Department of Justice and USDOT,OIG used my expertise to recover $5.9 million in overcharges by CSXT. In most crossing accident cases, fraud is one of the contributing factors. His unique experiences between railroads and the USDOT, OIG have resulted in his becoming the only qualified expert to testify in this area.

electronic material


electronic material processing

As a Signal Highway Crossing Design Engineer for CSX Transportation, he soon recognized that no amount of formal education in electronics design could prepare you for a career in Crossing and Signals Design Engineering. Circuit designs implemented in the late 1800's are still in use by railroads. Most National Electric Codes include an * Does not apply to railroads. Knowing the technologies involved in Highway/Crossing Design is a strong point, but being capable of breaking the technologies down into layman terms and applying the Federal Regulations to the technologies is an expert level that few have obtained. Railroads use sensors and sensor technologies to detect trains. Sensors are frequency operated (a relatively new) technology, that are required to use a "Fail-Safe principle" as was its predecessor. Unfortunately, for drivers, it is does NOT work on the "Fail-Safe principle". Few can become an expert in this area, but there are even fewer, who have the ability to simplify the technologies.

electronics design engineering




sensor technology

Show Secondary and Basic Areas of Expertise
Expert may consult nationally and internationally, and is also local to the following cities: Cincinnati, Ohio;  Charleston, West Virginia;  Huntington, West Virginia;  and Lexington, Kentucky.

Often requested
with this expert:

Railroad Accident Analysis including the applicability of...
Transportation, Safety, Railroad, Bus, Highway, Pedestrian,...
Railroad Expert, Railroad Damages, Locomotive Loss of Use,...
Accident Reconstruction & Traffic Engineering, Geometric...

Year   Degree   Subject   Institution  
1984   Highway/Rail Crossing Design Engineer   Design of electronic circuits for Highway Rail Crossing   CSX Transportation (Internal training program and qualification)  
1984   Design Engineer for train Control Signalization   Electronic Circuit Designs for train traffic control, or signalization   CSX Transportation (Internal training program and qualification)  
1986   Materials Engineer   Material procurement, inventories   CSX Transportation (Internal training program and qualification)  
1988   Programs Engineer   Development of internal programs and strategies as it pertains to Signal Systems   CSX Transportation (Internal training program and qualification)  
1972   Electronics Technician   Electronic Contol Circuitry   Ashalnd Technical Institute  

Work History:
Years   Employer   Department   Title   Responsibilities

2001 to 2004


Federal Government


U.S. Department of Transportation, Office Inspector General, U.S. Attorney General


Qui-Tam Relator (Whistle Blower) Expert


2001, Expert filed a False Claims action (FCA) against CSX Transportation on behalf of the Federal Government and the people. The FCA giving cause for an official criminal and civil investigation by the U.S. Department of Transportation (USDOT,OIG) and the U.S. Attorney Generals Office. Under the Qui-Tam provisons of the FCA, Expert represented the government as an Expert, providing key documents, insider information and case development for criminal and civil prosecution. The criminal aspect was a result of CSXT refusal to change their fraudulent practices from a 1995 investigation.

1993 to 1995


Federal Government


U.S. Department Of Transportation, U.S. Attorney General


Qui-Tam Relator (Whistle Blower) Expert


1995 Expert was responsible for filing a False Claims Action against CSX Transportation for fraud in the installation of new Highway/Crossing Warning Devices. Acting as the Expert on behalf of the Federal Government, he and the U.S. Attorney Generals Office were able to secure a reimbursement from CSXT. http://www.usdoj.gov/opa/pr/Pre_96/September95/520.txt.html

1991 to 1993




Florida Attorney Generals Office and Florida Department of Transportation


Florida Government Expert


1993 Expert was used as an Expert by the state of Florida to recover damages brought about by CSX Transportation, overbilling on new Highway/Rail Crossing installations. Included in the Florida Investigation, he was used as an Expert to show how fraud by railroads during installation of Highway/Crossing Warning Systems, resulted in train/car accidents. http://myfloridalegal.com/newsrel.nsf/newsreleases/CE88EB26FE804DDB8525623E0059D990

1984 to 1991


CSX Transportation


Operating Headquarters, Signal and Crossing Engineering, Maintenance and Construction


Programs Engineer


Expert managed 33 system gangs in construction of new highway/rail crossing warning devices and train traffic control. He was responsible for all materials procurement and inventories for new construction and maintenance of all CSXT systems. Expert interacted, on a daily basis, with Highway/Crossing Signal Maintenance and Supervisory personnel, resolving critical issues as they pertain to safe operation of trains and Highway/Crossing accidents. He, as a Circuit Design Engineer, was responsible for engineering CSXT highway/rail crossings and signals. Expert, as a Materials Engineer was responsible for procurement, inventories, expediting, bid process, and Electronic Data Integration (EDI) Expert started his career at CSXT as a Design Engineer for Highway/Rail crossings and Train Traffic Control Signalization.

1974 to 1984


Ensign Electric


Electrical Engineering


Master Scheduler/ Electrical Quality Control Supervisor


Expert supervised the Quality Assurance Program for inspection and trouble shooting of Power Distribution, Motor Control, Control Components and Out Door Sub-Stations for the mining industry. As the Master Scheduler, Experts' responsibilities were, to coordinate all activities for three plant facilities.

Career Accomplishments:

Expert was a guest of Honor (as a Whistle Blower) at a dinner for the Senate and Congress, in celebration of the 10th anniversary of the False Claims Act.

Professional Appointments




Medical/Professional Internships


Publications and Patents Summary

American Trial Lawyers Association publication http://virginiabeach.injuryboard.com/train-railroad-accidents/interview-with-the-rail-industry-insider-dave-nelsonis-he-csxs-public-enemy-number-one.php

Expert has had numerous media reports. http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=51608 http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=51855

Government Experience:
Years   Agency   Role   Description
1992 to 1995   Florida Attorney General   Expert   He provided key documents and insider information in a Florida investigation of fraud by CSX Transportation, resulting in a $2.1 million recovery.
1993 to 1995   U.S. Department Of Transportation, OIG   Expert   He provided key documents and information in a False Claims Act investigation of fraud by CSX Transportation, resulting in a $5.9 million recovery.
2001 to 2004   U.S. Department Of Transportation OIG   Expert   He provided key documents and expert information of fraud by CSX Transportation (the second time)under the False Claims Act, resulting in a dismissal, when the former President and CEO of CSX Transportation was appointed U.S. Secretary of Treasury.

Consulting Services:
Selected Consulting Examples:
  • I was released from under Federal Seal in 2004, so this is one of my first attempts at being an expert.I did represent (as an expert) a 17 year old boy, being prosecuted for double vehicular homicide, in Miamsburg Ohio 2005. I was able to prove the driver was actually stuck in a pot hole on CSXT tracks. The charges were dropped.
  • I was retained to show up at a mediation to divide $3 million dollars, that the state of Ga. offered to four families who's family members had been killed in a semi/CSX train collision.The state made the offer due to the occupants of the semi being in a state sponsored driving school.CSXT made a claim against the $3 million for damages sustained in the accident at the mediation. CSX dropped the claim and paid an additional sum to the families.
Click the green button above to contact Expert for a free initial screening call regarding your expert consulting needs.  Expert is available for consulting to corporate, legal and government clients.  Remember, your initial screening call to speak with Expert is free.

Expert Witness:
Expert Witness Experience Summary:
Currently, Expert continues to work with governments, on fraud and Highway/Crossing accidents as an Expert. He is steadily working with the media as an Expert, exposing an unhealthy partnership between governments, politicians and railroads.

Expert has been an Expert for clients, who have fallen victim to imminent domain by the state of Florida.

He was held under Federal Seal until 2004. Since then Expert has testified as an Expert, having charges dropped against a teenager for a double homicide, when the vehicle he was driving, became stuck in a pot hole at a Highway/Rail Crossing.

Expert has also been used as an Expert during mediation between CSXT and family members killed in a crossing accident.

Recent Litigation Client Requests:
  • Railroad crossing expert for consulting on railroad crossing claim against CSX.
  • Railroad crossing expert for consulting on railroad crossing accident.
  • Railroad crossing expert for consulting on design of crossing and appropriate action of railroad in double fatality.
  • Expert in CSX railroad accident investigations and accident reconstruction case.
  • Expert in railroad crossing surface for consulting on slip and fall at railroad crossing.
  • Expert in railroad safety and accidents
  • Expert in accident cause codes FRA for a rail road accident crossing litigation case.
  • Railroad expert witness for consulting and review of a railroad crossing accident.
Click the green button above to contact Expert for a free initial screening call regarding expert testimony, litigation consulting and support, forensic services, or any related expert witness services.  A few litigation needs include product liability, personal injury, economic loss, intellectual property (patent, trademark, trade secret, copyright), and insurance matters.  Remember, your initial screening call to speak with Expert is free.

Additional Skills and Services:

Expert developed a Highway/Rail Crossing accident, investigation and prevention seminar for Investigative Police Technologies Management (IPTM) a world renowned consulting and training center. The seminar includes training local and state police (who have no jurisdiction, nor knowledge on crossing accidents) on technology failures of crossing warning systems, leading to driver fatalities. Knowing the federal regulations being ignored by railroads, allow for local and state prosecution of railroads. The seminar was also attended by the National Transportation Safety Board (NTSB) who are required to investigate highway/rail crossing accidents, but have had no prior training, on crossing warning devices. At the request of the U.S. DOT Inspector Generals Office, Expert gave a private seminar on crossing accidents, to the FRA in 2002.

Supplier and Vendor Location and Selection

American Trial Lawyers Association ATLA

Other Skills and Services

Crossing accident victims' families are denied truthful representation by the judicial process. These families are forced to accept a final analysis of an accident, as determined by a local or state police who have no knowledge or, jurisdiction.

Assistance in helping local and state police investigate crossing accidents, investigation training and prosecution.

I can help state and local communities in getting new warning systems installed at a much lesser cost, or provide the expertise required in improved relations between the states, local communities and railroads.

The media is constantly looking for experts when rail related accidents occur.


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