An early morning car-train collision kills one man and leaves another in critical condition. The accident happened at 31st Street South and K-15 near Cornejo and Sons.

This isn't the first deadly accident at that same railroad crossing.
In the last 6 years 3 people have been killed when a train and car collided.

Now, a Kansas lawyer says all of these deaths could have been prevented.

"It's like no one has stepped up and taken responsibility for the safety of this intersection. They all say it's someone else's responsibility," says attorney Rachel Mackey.

She filed suit on behalf of Reyes Rivera's family. He died in September of 2005 when a train struck his truck at the same intersection. Mackey is alleging negligence on behalf of the railroad and Cornejo. Mackey says they knew how dangerous the intersection is and never installed flashing lights and crossbars.

The Kansas Department of Transportation says it was the railroad's responsibility to make the intersection safe, but because the street was owned by Cornejo, KDOT could not step in, until last year.

KDOT has just finished a study and says there is enough train and car traffic to install flashing lights and gates. They should be put in place in about a year. Mackey says it's too late.

"If there were lights and gates, that young man would probably still be with us," she says.