A jury awarded a South Carolina man $13 million. The man suffered severe injuries, including broken bones and brain damage, when his vehicle was struck by a train. Lawyers for the plaintiff argued BNSF Railway was negligent by failing to cut down trees on its right of way.
According to the plaintiff, the vegetation obstructed his view and prevented him from seeing the oncoming train. The plaintiff contended the trees and vegetation, allegedly located on a right of way controlled by the train company, should have been cut down or trimmed by the train company years ago. The jury seemed to agree with the plaintiff’s argument that the railroad violated its own rules regarding control of vegetation at railroad crossings. The jury found BNSF was 85 percent at fault for the accident, and the plaintiff was 15 percent at fault.
The plaintiff sustained critical injuries including a traumatic brain injury, shattered femur, shattered pelvis, a broken back, nerve damage, and internal bleeding. However, lawyers for the plaintiff argued he experiences ongoing pain from his injuries which will affect him for the rest of his life. The jury’s $13 million verdict encompasses past medical expenses, future medical expenses, and non-economic damages to compensate the plaintiff for past and future pain.
If you or someone you know has been injured in an accident involving a train, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-231-9360 or toll free at 1‑800-594-4884.