Fort Worth Jury Awards $627, No Injury Damages in Train Collision
One driver was traveling near railroad tracks when a train collided with her vehicle. The driver and passengers claimed neck and back injuries. The driver sued the train operator for negligence, alleging the railroad signals were not working. The train operator claimed the driver failed to yield the right of way. The jury found both parties partially at fault.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $1,230
- County
- Dallas County, TX
- Resolved
- 2017
Injury & Accident Details
- Injury Type
- Back Strain / Soft Tissue
- Accident Type
- T-bone
- Case Type
- Back and Neck, Soft Tissue
Case Overview
On October 14, 2013, a vehicle driven by the plaintiff, carrying two minor passengers, collided with train equipment at a railroad crossing in Fort Worth, Texas. The plaintiff alleged the train equipment, operated by an employee of Fort Worth Western Railroad Co., struck the front driver's side of her vehicle. The plaintiff and the minor passengers reported neck and back injuries and sought damages for medical expenses, pain and suffering, and vehicle repairs. The lawsuit claimed the defendant employee was negligent for failing to maintain a proper lookout and for proceeding when railroad crossing lights were not flashing and arms were upright. The complaint also named Fort Worth Western Railroad Co. under vicarious liability.
The defense contended that the plaintiff was comparatively negligent, arguing she failed to yield the right-of-way to train equipment as required by law and did not exercise caution when approaching the railroad tracks. The defense also disputed the extent of the claimed injuries, asserting that vehicle damage was minor and that inconsistencies existed in the plaintiffs' testimonies regarding their specific ailments.
After a three-day trial, a jury found the defendant employee 51% negligent and the plaintiff 49% negligent. The jury awarded $1,230 for property damage, which was subsequently reduced to $627 to account for the plaintiff's comparative negligence. No damages were awarded for the plaintiffs' claimed personal injuries.
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