A North Carolina mother is questioning the oversight of the railroad industry after her daughter survived an accident earlier this year involving a Norfolk Southern train. Her story sheds light on the potential conflicts of interest within railroad policing across America.
On May 3, Charlotte Cleary, 31, was struck by a Norfolk Southern train while jogging near tracks in her North Carolina town along the French Broad River. The incident nearly took her life and left her with multiple broken bones, a collapsed lung, and severe head injuries.
Charlotte, who spent days in intensive care and underwent multiple surgeries to save her life, faces at least two more surgeries, according to her mother, Cynthia Weber-Cleary, who has been speaking on Charlotte’s behalf because her daughter doesn’t remember the accident.
And while Charlotte’s physical recovery has been remarkable thus far, according to her mom, Weber-Cleary says a new battle is now being fought: seeking transparency and accountability from Norfolk Southern’s railroad police, who are responsible for investigating the accident.
In emails sent to Transportation Today this month, she voiced frustration over what she calls a conflict of interest in the investigation due to railroad police being allowed to investigate their own accidents per federal law.
Jessica Kahanek, a spokesperson for the Association of American Railroads, says that railroad police forces date back to the mid-1800s when there were insufficient U.S. Marshals to police the growing rail network.
Railroad police are certified state law enforcement officers tasked with protecting railroad infrastructure, assets, and employees, Kahanek explained, and they have investigative and arrest authority for crimes committed on railroad property, including trespassing, theft of railroad property, and threats of terrorism.
“Railroad police frequently work in partnership with local, state, and federal law enforcement agencies to address issues surrounding railroads,” she said. “With cargo theft on the rails increasing and becoming highly organized, the role of railroad police is as important as ever.”
Additionally, Kahanek said these specially trained agents are familiar with the railroad’s unique operating and safety environment. “This awareness can serve as a critical asset particularly in cooperative investigations with other law enforcement agencies,” she said.
All railroad police are commissioned, vetted, and subject to oversight by public entities in both the U.S. and Canada, added Kahanek, who said she couldn’t comment on the specific practices of each carrier.
Critics argue that because railroad police are privately employed by the railroad companies themselves, this creates a clear conflict of interest, where railroad companies may prioritize protecting their assets and avoiding liability over delivering justice for victims like Charlotte.
The railroads are essentially investigating themselves, according to Misti Allison, a railroad safety advocate.
“While railroad police play a crucial role in maintaining safety and security, their broad powers and lack of public accountability raise significant concerns,” Allison said. “There is the extreme potential for overreach and civil liberties implications, given their ability to carry firearms, make arrests, and issue citations across multiple states.
“Employed by private corporations rather than public bodies, railroad police often face accusations of prioritizing corporate assets over public service, leading to perceived conflicts of interest,” she added.
In Charlotte’s case, for example, Weber-Cleary said she was told by a Norfolk Southern investigator that there was a video of the accident, but she could only view it in person and it couldn’t be shared. When her husband finally saw the video, she said he found it incomplete.
“My husband decided to see the video a month after the accident. [Charlotte] appears as a speck in the distance walking on or beside the tracks, but as the train approaches, she disappears from view,” recalls Weber-Cleary. “On the audio, the conductor can be heard saying something… and he sounded the emergency whistle just before impact… which makes me wonder if he was distracted.”
The Cleary family’s experience also highlights broader issues within the railroad industry’s self-policing structure, where railroad police wield jurisdiction over large areas and operate with minimal external oversight, according to Weber-Cleary and Allison, who argue that this arrangement compromises the transparency of investigations and safety enforcement.
In fact, the National Transportation Safety Board (NTSB) has raised concerns about the limited power it has to enforce its own recommendations. For instance, despite investigating accidents and issuing safety guidance, the board cannot compel companies like Norfolk Southern to follow through on reforms.
Independent oversight, says Allison, is desperately needed to enforce these safety regulations.
“Independent oversight of railroad companies isn’t just crucial — it’s imperative to ensure that safety standards are not only established but also rigorously enforced,” Allison said. “Government bodies or independent agencies need to step up with frequent inspections, audits, and thorough reviews of operations.
“This would effectively identify systemic risks and enforce compliance with safety regulations, significantly reducing the risk of accidents and environmental damage, and such oversight would enhance transparency and accountability, bolstering public trust in the rail system,” she said.
A spokesperson for Norfolk Southern, Heather Garcia, said the company’s private police “work closely with local and federal law enforcement” to ensure public safety. She also said that trespassing on railroad tracks is illegal.
“For clarity, railroad police are responsible for protecting railroad property, cargo, and people, partnering with other law enforcement agencies to investigate when crimes are committed on railroad property,” Garcia wrote in an email to Transportation Today.
“In an instance like what you describe (like a crossing accident or pedestrian strike), when Norfolk Southern’s Police Communication Center is notified of an injury on railroad property, our first notification is to the local authorities for that area so that emergency services are notified and can respond as soon as possible,” she wrote. “Then, our special agents are notified and will respond to handle or assist, depending on what is needed.
“As a reminder, trespassing on railroad tracks is both extremely dangerous and illegal, and we encourage the public to always expect a train whenever they see tracks,” wrote Garcia, citing Federal Railroad Administration guidelines.
Ongoing issues
Charlotte’s case is another incident that has sparked fresh scrutiny over how railroad accidents are investigated and whether railroad police forces can be trusted to operate without bias.
NTSB, for example, earlier this year accused Norfolk Southern of withholding critical information and attempting to influence the investigation into the massive February 2023 train derailment in East Palestine, Ohio.
The railroad was accused of not fully disclosing expert opinions and data related to the incident, particularly concerning the decision to vent and burn hazardous materials from derailed tank cars.
NTSB Chair Jennifer Homendy said that Norfolk Southern’s withholding of information substantially compromised the integrity of the investigation.
“Railroad policing is plagued by deep-rooted systemic issues that directly threaten safety and security,” said Allison, who lives with her family in East Palestine near where the Norfolk Southern train derailed.
A key problem, Allison added, is “the tangled web of jurisdictional complexity,” with railroad police wielding authority across multiple states, creating significant hurdles in coordination and consistent enforcement.
Moreover, Allison said that the pervasive lack of transparency and public accountability in railroad policing, driven by the fact that these forces are directly on the payroll of the railroad companies, raises serious concerns about conflicts of interest — particularly in incidents that straddle the line between public safety and corporate liability.
And while NTSB offers “stellar recommendations,” Allison agreed that it lacks the teeth to enforce them.
“This glaring gap in authority needs urgent reform to ensure that their expert advice doesn’t just end up as well-intentioned suggestions gathering dust,” she said.
The Cleary family hopes that sharing their daughter’s story will lead to greater accountability in the railroad industry.
“I am hoping that her story will ultimately result in the railroads having more accountability and that other families won’t be put through a similar ordeal,” said Weber-Cleary. “We were treated so badly.”