Davis, Bethune & Jones: Louisiana Jury Awards $9.77 Million Against BNSF Following Railroad Crossing Collision

On May 31, 2022, a Louisiana jury awarded $9.77 million to a man injured after the garbage truck he was driving was struck by a BNSF Railway Company train, at a public railroad crossing maintained by BNSF. The case was tried by John Carroll and Tim Gaarder.

The jury heard evidence that BNSF failed to maintain the crossing in accordance with its own rules and the railroad industry standards. It was alleged that the crossing was too narrow, which caused the dump truck’s tire to get stuck in the crossing. Shortly after the driver was able to get unstuck from the crossing, he was struck by the BNSF train. The collision caused permanent physical and mental injuries to DBJ’s client.

The jury awarded $9.77 million and determined BNSF was 85% at fault.