Railroad & Train Accidents
Record-setting verdict to a railroad worker for severe and progressive neurological injuries he suffered while working in a BNSF railroad yard in 2014. The accident happened when BNSF mishandled tanker cars carrying toxic petrochemicals in the railyard, causing the cars to vent poisonous gas where the man was working. The cars were being hauled through the BNSF Northtown Yard in Minneapolis on their way to Canada. The worker experienced serious neurological problems immediately after he was exposed to the toxic chemicals.
Rather than informing the worker or his doctors about the toxic nature of the chemicals, BNSF began an immediate cover up of the facts of the accident and the seriousness of the toxic exposure, by telling the worker and his doctors that he was only exposed to a benign chemical that would not cause him long-term harm. BNSF also told the Federal Railroad Administration that incident was nothing more than a “false alarm” and they would not investigate it further.
After a week of trial, the jury returned a verdict of $15,343,753 in the worker’s favor. Hearings to determine additional monetary sanctions for BNSF’s misconduct will be held in the coming months, as will a hearing where the railroad and its attorney must explain to the Court why they should not be held in contempt of court for their actions.
A boy lost both of his legs while playing on BNSF’s tracks in an area where the railroad was well aware that elementary children were routinely playing on the tracks and even building forts. There were also highly visible footpaths in the area crossing over the tracks that had been used for over fifty years. Other injuries and deaths had occurred in the area, but still the railroad refused to construct fences or take any engineering action—despite a law requiring them to fence off their tracks and right-of-way.
in court ordered sanctions against BNSF railroad (in addition to the verdict) in an FELA case. Sanctions were necessary because of BNSF’s “deliberate,” “willful,” and “purposeful” failure to preserve critical evidence, “pervasive” discovery misconduct, and engaging in misdirection that severely inhibited a seriously injured railroad worker’s ability to prove his case.
For a railroad worker in Washington that sustained a traumatic brain injury while working for BNSF when the seat he was in broke and caused him to strike his head. Railroad insisted on accusing the client of faking the accident and exaggerating his injuries.
A girl was killed just weeks before her high school graduation, when she was tragically struck by a train at a skewed crossing in San Leandro, California, when she walked in front of an oncoming train. Through diligent and hard-fought work, we uncovered that the crossing was hazardous to pedestrians and supposed to be fixed several years earlier with free funds from the federal government, but the railroad instead sat on these funds instead of fixing the crossing. Working backwards from a single picture, we were also able to prove that the pedestrian warnings at the crossing were improperly installed and did not provide adequate warning to pedestrians.
A railroad worker in Washington who tried to make his workplace safer for his fellow workers by reporting safety hazards. The client and fellow workers were being exposed to asbestos and lead on locomotives they were working on without protection or respirators. The railroad denied that any asbestos or lead was present, so the client took samples himself, which confirmed these deadly materials were present and his co-workers were being exposed. When he presented the test results to management he was fired within days.
Nine Times The Pre-trial Offer
For a railroad worker in Spokane, WA, sustained a traumatic brain injury while working for BNSF. Railroad insisted on accusing the client of faking this career ending injury. BNSF was caught destroying evidence and the court determined they were completely liable for the injury. BNSF faced sanctions after trial.
Car Accidents, Injuries & Wrongful Death
For a car accident which caused a disabling brain injury.
For burn injuries caused by gas explosion and fire at a rented lake cabin.
In a North Dakota liquor liability case (selling alcohol to an obviously intoxicated person) involving four bars, a drunk driver, and an innocent client who ultimately had her leg amputated. Despite only one of the four bars having insurance.
In addition to workers comp benefits paid to family members. Construction site accident, resulting in wrongful death.
For a case involving a special education teacher that was sent to a facility housing severely disturbed youths. The client was assigned to teach a teenager that had a long, violent history that the facility knew about and was required to have staff supervision. Unfortunately, nobody told Tom this and the facility failed to monitor the youth, who attacked Tom and gave him a concussion that ended his career.
In addition to workers comp benefits. Truck unloading accident, orthopedic and traumatic brain injury.
In a case involving long term care facility neglect.
(all available insurance limits) two car accidents, orthopedic injuries.
For a motorcycle passenger, back and ankle fractures.
For a car accident causing physical injuries and PTSD, in addition to lost profits from business.
(all available insurance limits) car accident, orthopedic injuries.
For a car accident requiring neck surgery.
For a car/bicycle accident resulting in foot injury.
(all available insurance limits) car accident, orthopedic and brain injuries.
For a construction site accident causing orthopedic and brain injuries.
In addition to workers comp benefits. Construction site accident, orthopedic injuries.
For a fall on an icy sidewalk at a strip mall, leading to ankle fractures.
(all available insurance limits) in addition to workers comp benefits paid separately. Car accident, orthopedic and psychological injuries.
For head-on collision causing neck injuries and unrelenting headache. Treated with several radio frequency neurotomies (RFN’s) of cervical facet joints.
For a car accident, orthopedic injuries.
Plus $80,000 for medical bills, resulting from neck injuries and surgery caused by rollover accident/drunk driver.
For a car accident causing foot injury.
For a car/bicycle accident, orthopedic and vascular injuries.
(all available liability insurance plus underinsured motorist settlement) shoulder and head injuries caused when car pulled out in front of motorcycle.
For mild traumatic brain injury (MTBI) caused when driver of pickup accelerated unexpectedly, causing passenger in open bed of truck to be ejected.
(all available liability insurance limits) left turning car caused head-on crash and serious wrist / arm fractures. Plates and screws inserted to fix broken bones. Hardware removed later due to irritation with motion.
(all available liability insurance limits) settlement of mild traumatic brain injury case (MTBI) resulting from rear-end car crash.
(all available liability insurance limits) drunk driver rear-ended client’s car at high speed, causing back injuries and surgery.