Sealy, Texas Jury Awards $1.63M in Railroad Crossing Crash

On February 3, 2013, a compact car driven by the decedent, with a passenger, then 21, was struck by a BNSF Railway Co. train at a railroad crossing in Sealy, Texas. The collision resulted in the driver's death and severe injuries to the passenger, who sustained multiple skull fractures, a traumatic brain injury, and other significant injuries, requiring prolonged hospitalization and rehabilitation.

The injured passenger, through her mother, along with the decedent's estate and family, filed suit against BNSF and the train operator, alleging negligence and gross negligence. The plaintiffs claimed the crossing was extra-hazardous due to poor visibility, inadequate design, and a lack of active warning devices, despite having a stop sign. They further contended that BNSF failed to properly maintain the crossing and its approaches, and that the train operator did not signal or reduce speed. The defendants denied negligence, asserting the accident was solely the driver's fault. They presented video footage from the train showing the driver ran the stop sign and alleged she was distracted by a cell phone.

After a nine-day trial, the jury determined the crossing was extra-hazardous. The jury found BNSF negligent for failing to install a different warning device, adequately maintain the roadway, or for positioning a ballast pile that obstructed motorists' views. The jury also found the driver negligent for failing to stop at the stop sign or before the tracks. Responsibility for the accident was apportioned 50% to BNSF and 50% to the driver. The jury awarded $3.26 million in damages, covering the passenger's future medical costs and lost earning capacity, and the driver's funeral and burial expenses. No damages were awarded for the passenger's pain and suffering or for the driver's family's wrongful death claims. After the comparative fault reduction, the plaintiffs' total recovery was $1.63 million.