DELANO, Calif. -- Delano Mayor Pedro Rios called Monday's fatal train accident involving his brother Martin Rios the darkest day in his family's history.

Martin Rios was one of six brothers. He was working in the area of state Route 43 and Merced Avenue Monday when he was delivering port-a-pottys to a job site and drove into the path of a freight train.

Related Article: Man Dies After Truck Collides With Train

Rios managed several hundred workers in the farm labor community.

The California Highway Patrol said the accident was a case of not paying attention.

Pedro Rios is questioning that account by saying the railroad crossing itself is dangerous.

Rios said he was talking to his brother on Thanksgiving about times they enjoyed together.

He said he feels solace knowing his brother is in a better place.

Martin Rios had just celebrated his 37th birthday on Sunday.