The Midland Code of Ordinances states, "10.1.2. - Permit required for parades and processions. No procession, excepting the forces of the United States Army or Navy, the military forces of this state, and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this Title may apply. The above does not apply to funeral processions." (Ord. of 6-23-1953).
"I know what happens when you don't give adequate warnings," said Bob Pottroff, an attorney representing some of the injured veterans. "You can't blame the truck driver for not being able to make the truck go faster in low gear."
The driver of the truck has been identified as Dale Andrew Hayden. Hayden, 50, is a military veteran, according to the San Antonio Express-News, where Hayden's name was first published.
Pottroff said those involved are still coming to terms with everything that happened. "Everybody shows up in an atmosphere for celebration, pride, the spirit of the American soldier, and to end up in a total tragedy, it's unbelievable," said Pottroff.
Tueday, the NTSB conducted a sight distance test using a similar train and truck as involved in Thursday's accident. They hope to understand when the truck would have seen the train coming towards them.
"The reason 20 seconds wouldn't work for this crossing, is we have a complicated crossing with two adjoining roadways," said Pottroff. "We have a crossing surface that is elevated about the surrounding roadway which are all complicating factors."
The NTSB has concluded that the crossing system was working at the intersection.
"Lights, bells, gates, traffic lights, timing, synchronization, no anomalies, and it was functioning as designed at the time of the accident," said Mark Rosekind, a spokesman with the NTSB.
The woman being treated at UMC, Tiffanie Lubbers, will be released from the hospital and moved into a rehab facility.