Two attorneys taking on the case held a press conference in
"The warning time was at best 20 seconds," said Attorney Bob Pottroff. "We've interviewed several witnesses who say that's a stretch because they don't believe 20 seconds was ever given. But even if it was, that's inadequate."
The NTSB said the warning signal time of 20 seconds meets the minimum requirements.
"Lights, bells, gates, traffic lights, timing, synchronization, no anomalies, and it was functioning as designed at the time of the accident," said Mark Rosekind, the NTSB Spokesman.
However, attorney Bob Pottroff said it's not about meeting a minimum, it's about meeting the specific signal warning time for this particular crossing.
"Twenty seconds is the absolute minimum," Pottroff said. "That would only apply to a crossing that is the model crossing which is straight, level, no complicating factors. That's not this crossing. This crossing has a hump and other complicating factors that would require you to put a higher warning time in place. My anticipation is we're going to find out from the state of
Even though it's only a ten seconds, Pottroff said the correct warning time would have made a difference.
"All the witnesses describe the gate comes down behind the cab of the truck and it starts hitting people on the float," Pottroff said. "If you had the designed warning time here, the gate comes down in front of the cab of the truck."
But one of the victims wives, Heather Sanchez, isn't blaming anyone for the accident.
She said her and her husband, Army Sgt. Richard Sanchez, are in good spirits.
"Richard and I are veyr grateful for everything Midland has been doing for us," Mrs. Sanchez said. "We don't blame Show of Support. They've been nothing but gracious."
Evidence now shows that the parade has traveled the same route for the past three years, but the NTSB is looking into the permits obtained for parades to make sure all the requirements were met.