Case Description:

Railroad Engineer suffers knee and low back injuries

Court/Date:

Richmond Circuit Court, Virginia, 2001

Facts:

Our client was a 52 year old locomotive engineer when the train she was operating collided with a dump truck which was left on the crossing in Emporia, VA.  The dump truck operator testified that he was delivering asphalt to a construction site and that he did not observe the train until he was on the crossing and the gate suddenly came down in front of him at that time.  He observed the train approximately 1000 feet away.  He did not drive through the gate.  Instead, he exited his truck and ran.  The locomotive engineer could not stop the train, even though she placed the train into emergency braking status, and collided with the truck at approximately 16 miles an hour.  Our client was unable to return to work for the railroad because of injuries to her knees and low back. The trucking company claimed that the railroad crossing gates did not work properly and that the engineer failed to stop in an appropriate manner.

Trial:

Francis Hajek took the case to trial against both the trucking company and the railroad. At trial, he proved that the crossing gates had not operated properly and that the truck driver had not maintained the proper lookout.  Francis Hajek used a trucking operations expert and railroad experts to prove the case.

Verdict/Settlement:

On the first day of trial, Amtrak settled with our client for $350,000.  Francis Hajek obtained a jury verdict against the trucking company defendant for $564,000.