A train collided with a car in the 600 block of West Washington Sunday in the city’s first accident with a train since Madison’s controversial train-whistle ban, enacted Oct. 1.

Xiping Wang, 38, and his nine-year-old daughter were struck by a Wisconsin & Southern Railroad engine travelling at low speed shortly after 8 p.m.

Both passengers suffered minor injuries and were treated and released at an area hospital. Neither required transport by ambulance. Wang’s 1992 Toyota Corolla suffered significant damage.

Wang was cited for Failure to Obey a Railroad Signal (Warning Signal) and released, according to Madison Police Department reports.

“Wang said he saw the signals but not the train and continued driving,” Lt. Fleming of the MPD said. “The train operator was driving from the west where there is no real view of oncoming traffic until you are at the road.”

The Wisconsin & Southern train did not blow its whistle in compliance with the city ordinance.

Wang holds a valid Wisconsin drivers’ license, but was unsure what the flashing signals meant, police said.

Some are questioning the ban, prohibiting train whistles at 73 crossings that have flashing lights or gates, except in emergencies.

“I guess everything helps out to warn motorists we’re coming,” Bill Gardner, owner of Wisconsin & Southern Railroad said. “When we decrease safety devices, we increase accidents and incidents [on the tracks].”

Gardner said safety is the main concern of the railroad company.

“Everyone is so safety conscious today, from airports to stadiums,” Gardner said. “What’s wrong with blowing a whistle at a river crossing?”

Gardner said the railroad company will investigate the accident. He still has many questions concerning the whistle ban.

“Do people have to die at this type of incident before people say maybe [the ban] may not be wise?” he said.

Ald. Mike Verveer, District 4, author of the whistle ban ordinance said investigators say the ban had nothing to do with the accident.

“As the sponsor of the ordinance, I have a clear conscience, because the ordinance had absolutely no effect on the accident,” Verveer said. “In talking to the investigators they were adamant that the law had no impact because the driver clearly ignored the flashing lights.”