A fatal train accident caused a girl to suffer major injuries, including several fractures, a torn aorta, kidney damage, and brain injuries. The court announces verdict against the railway company, the trial ran for two weeks and the girl’s family was awarded a total of $17 million including $12 million in damages and $5 million for punitive damages.
Some Valid Points Were Made
The accident happened when the girl was traveling with her family.
The focal point of the lawsuit was a concrete barrier installed at a BNSF railroad crossing. The plaintiff alleged that BNSF failed to design a safe and suitable barrier which resulted in the minor girl sustaining such serious injuries.
According to the argument, BNSF didn’t allow the Missouri Department of Transportation to make the required changes to the barrier. Moreover, they argued that the barrier did not meet railroad crossing design requirements and was in violation of the Missouri Department of Transportation standards.
Proving the Claim
According to the evidence submitted by the girl’s attorneys, the speed limit on the road in question was 60 miles per hour. Whereas, the material used in the construction of the barrier was only qualified for roads with a speed limit of 40 miles per hour.
The lawyers argued that BNSF had failed to give the Missouri Department of Transportation permission to make the required changes to the barrier despite multiple requests from the department. They also proved that the barrier was the cause of fourteen other crashes before this case.
The railway did not accept the claims and blamed poor weather conditions and speeding for the accident. However, the jury did not agree and announced the verdict in favor of the girl. The railway company stated it would appeal the jury’s decision and consider all other available options.
Though not directly linked to Texas, this case is considered a landmark as very few people understand that a railway company can be held liable just like any other commercial transport provider.
If you or someone close to you has been injured due to the fault of someone else then you may have a case. Call us today to speak to our lawyers and explore your available options.