Garbage Truck Driver that was Struck by a BNSF Train was Awarded $9.773 Million

On May 31, 2022, a Louisiana jury awarded $9.773 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 of Davis, Bethune & Jones, LLC.

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 become 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 the Plaintiff.

The jury awarded $9.773 million and determined BNSF was 85% at fault.