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Grade Crossing Collisions

Aerial view of derailment caused by Grade Crossing Collision.

When a locomotive hits a big heavy truck like an 18 wheeler at a grade crossing, conductors and engineers on board can get hurt badly. These cases are unique because the railroad is occasionally not at fault and damages may often be recovered without suing the railroad.

When involved in a crossing accident, critical decisions must be made to ensure the best possible results for physical and financial recovery. Handling multiple defendants and insurance companies can be a big challenge. If you are a trainman injured in a grade crossing collision it's important to work with a FELA Attorney who has extensive experience in these types of collisions. Contact us today for references from satisfied grade crossing collision clients.

After handling hundreds of grade crossing collision cases, we have developed a protocol to help maximize the recovery for the injured railroad employee. For instance, when hired to prosecute a grade crossing collision case for an injured railroad employee, we act immediately to preserve evidence that may not be available if aggressive action is not taken. Filing an immediate lien letter with the trucking company puts them on notice to preserve driver's logs, cell phone records, GPS records and truck event recorders. Truck event recorders in particular are often overwritten if this information is not specifically requested and eventually ordered to be shared by a court of law. This evidence can help prove that the trucking company was not only 'negligent' but 'grossly negligent' which will help minimize any arguments that the railroader was contributorily at fault and maximize injured railroad worker's recovery in mediation or at trial.

Grade Crossing Collisions are 1 of 3 Reasons Every Railroader Needs UM/UIM and PIP on their Personal Auto Insurance. Learn More

Railroad Grade Crossing Collision Testimonials

Grade Crossing Collision Case Summaries

Here are a few case summaries from some of the 100s of grade crossing collision cases we have handled over the years.

Settlement for Kansas City Southern Engineer Injured in Grade Crossing Collision.

A KCS engineer operating a switch engine suffered a serious back injury when a tractor-trailer drove in front of the train causing the collision. Although there was no derailment, the KCS engineer was thrown around in the collision and wrenched his back due to slack. Prior to the collision, the KCS engineer was blowing the horn and ringing the bell. The trucking company blamed the layout of the crossing and the KCS crew.

As a result of the injury, the KCS engineer needed an operation on his back and could not return to work. The trucking company and KCS claimed the employee’s injury was not caused by the wreck and that the railroad worker could still hold a job. The case was settled approximately one (1) year after the injury. The railroad worker was represented by Mr. Bristol Baxley. Mr. Baxley is a partner in the law firm of Rome, Arata & Baxley. Hill v. Savage Industries et al.

Settlement for Union Pacific Engineer, Conductor and Brakeman Injured in Grade Crossing Collision.

A UP engineer, conductor and brakeman were seriously injured in a grade crossing collision in Canadian County, Oklahoma when a dump truck hauling a load of sand drove in front of their train. In the ensuing derailment, the engineer sustained life threatening injuries, including a burst fracture to his spine. The conductor also suffered severe injuries to his back and other parts of his body. The brakeman suffered herniated disks in his neck as well as puncture wounds and lacerations. Prior to the collision, the KCS engineer was blowing the horn and ringing the bell. The trucking company blamed the layout of the crossing and the KCS crew.

As a result of his injuries, the engineer underwent emergency surgery to repair the damage to his spine and could not return to work. The conductor underwent multiple back surgeries and was also unable to return to work. Due to his injuries, the brakeman was unable to return to his job at the railroad. The case was settled about 1 year and 6 months after the accident. Further, as part of the settlement agreement, UP paid all of the Railroad Workers’ medical bills. The Railroad Workers were represented by lead attorney, Mr. Bristol Baxley of the law firm of Rome, Arata & Baxley. Smith, et al. v. Schwarz Ready Mix & Union Pacific, et al.

Settlement for Amtrak On Board Service Worker Injured in Eagle Lake, Texas Grade Crossing Collision

A 59 year-old Amtrak on board employee suffered a back injury in a grade crossing collision. The train derailment was caused by a tractor-trailer that drove in front of the train. The injury resulted in a back surgery.

The trucking company and Amtrak claimed the employee’s injury was not caused by the wreck and that the railroad worker could still hold a job. Mims v. National Railroad Passenger Corporation d/b/a Amtrak et. al. The Railroad worker was represented by Mr. Bristol Baxley of Rome, Arata & Baxley.

Judge awards Verdict to Kansas City Southern Engineer Injured in Denton, Texas Grade Crossing Collision

A KCS engineer operating a road engine suffered a serious neck injury after a City of Denton Garbage Truck ran a stop sign and caused a collision. Although there was no derailment, the KCS engineer was thrown around in the collision and fell back into the fire wall due to slack. Prior to the collision, the KCS engineer was blowing the horn and ringing the bell.

As a result of the injury, the KCS engineer needed an operation on his neck and could not return to work. The City of Denton and KCS claimed the employee’s injury pre-existed the wreck and accused him of fraud. After initially agreeing with the engineer’s memory of the incident, the Conductor in the case changed his story and claimed that the collision would not have spilled a coke and further, that the Engineer remained seated the entire time. The City of Denton and KCS also spent over $70,000 on expert testimony trying to prove their case. All of these experts testified that the accident in question could not have caused the type of injuries suffered by the Engineer.

The Judge in the case found the City 90% at fault for causing the accident. He also found the railroad 10% at fault because the Conductor saw the approaching truck was not going to stop but did not warn the Engineer. The judge awarded damages for the Engineer’s injuries including past and future lost wages, pain and suffering and medical bills.

The railroad worker was represented by Mr. Bristol Baxley of Rome, Arata & Baxley. Robinson vs the City of Denton, KCS and Donaciano Camargo. State District Court, Denton County, Texas.

Settlement for Kansas City Southern Conductor and Engineer Injured in Tractor-Trailer Train Collision.

The Plaintiffs, a thirty-two year old conductor and a forty-two year old engineer for The Kansas City Southern Railway Company, suffered injury when struck by a tractor-trailer while operating a locomotive. The wreck occurred when the driver of the tractor-trailer stopped his truck on the KCS tracks directly in the path of the on-coming train. The train was blowing its horn and had all of its warning lights on. As a result, the engineer had to undergo back surgery and will never return to the railroad. The conductor underwent surgery and is unable to return to work for the railroad.

The conductor settled and engineer settled the case for at mediation. Frazier, et al. v. East Coast Live Stock Express Inc. and The Kansas City Southern Railroad, In the United States District Court, Eastern District of Texas. Bristol Baxley and Blake Arata of Rome, Arata & Baxley for the Plaintiffs.

If you'd like additional information on results obtained for railroad workers involved in grade crossing collisions please call us at toll free at 1-866-993-0001.

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