Our client was struck and killed by a freight train as he helped another trucker.
This tragic personal injury case occurred with the failure to warn our client of an oncoming slow moving freight train, which resulted in his being hit by the train and dying several hours later. He left behind a wife and four children. Our client was a trucker helping another trucker with a trailer; he was hand gesturing to assist him, not realizing he had walked onto a train track. Trial attorney Scott Parsons alleged that the conductor supervising the train’s movement from a utility vehicle passed the victim but never warned him of the train’s approach, and that the yellow safety line beside the track wasn’t far enough from the rails to account for the train’s overhang, which struck the victim. The defense attempted to focus on comparative negligence because our client walked onto the railroad track and neither heard nor saw the train. However, we brought in highly qualified biomechanical experts, as well as experts for railroads, pain and suffering, and human factors to substantiate how the human factors issue of benign inattention impacted hearing and seeing the train. The case settled for $6 million on the day of the trial. (Attorney Scott Parsons handled the case.)