Western Railroad Discussion > Sole survivor of Panhandle train crash files $1M lawsuit

http://www.newschannel10.com/story/33762265/sole-survivor-of-panhandle-train-crash-files-1m-lawsuit

AMARILLO, TX (KFDA) - The sole survivor of the head-on train collision in Panhandle this past June is now suing BNSF.

Derek Schilling was an engineer on the west-bound train, who jumped to safety moments before his train collided head on with another train headed east.

He filed a lawsuit against BNSF on November 16th seeking "monetary relief over $1,000,000."


Ron

Only A million ?? That's peanuts.

Posted from iPhone

Yes that is a very small amount. I thought he was injured when he jumped. Usually do 3x medical plus some mental suffering. Figure having your coworker's remains not found could cause some serious mental anguish.

BNSF should just settle and be done with it.

Posted from iPhone

I doubt they will settle until all else is completed. Settling this would of course immediately show that BNSF is taking the blame for everything and in the lawyer business that is probably discouraged.

As heartless as large corporations are anymore, they will probably argue that they don't owe him anything as his injuries were self inflicted due to his jumping from a perfectly good train. He should have just ridden it out.  Just sayin.

The court will likely consider what guidance is given to employees about jumping. In rules based organizations, the employee may expect the company's policy to govern.

The company will probably argue that the situation is so rare, so unique, etc that the employee is on their own.

Posted from Android

The fact he lived and others did not will blow up the "don't jump" defense.  Defense lawyers can argue all the want, they will have a hard time pinning contributing negligence on him.  They will just try to out wait him counting on him getting tired of waiting for money.

"monetary relief over $1,000,000." 


$100,000,000 is over one million.  The sought for amount may be larger than you think.

Lackawanna484 Wrote:
-------------------------------------------------------
> The court will likely consider what guidance is
> given to employees about jumping. In rules based
> organizations, the employee may expect the
> company's policy to govern.

I've never heard of a railroad providing guidance or rules about when to jump. They train you how to get off of moving equipment, but not when.

Has the inquiry on exactly how the accident happened?

I agree, I am sure the amount is more than a million.....

Posted from iPhone

BNSF Railroad employee forced to do a Peter Pan off of a moving train to save his own life.
Yes, Multi Million dollar lawsuit.
John
 

Look up FELA. Lots of good reading that will shed some light on railroaders, and their jobs.
 

dynamicbrakeman Wrote:
-------------------------------------------------------
> Only A million ?? That's peanuts.
>
> Posted from iPhone

Maybe he is being reasonable.

With only one exception, none of you guys have the slightest clue how injury claims are pursued under FELA.



Edited 1 time(s). Last edit at 11/23/16 10:06 by EtoinShrdlu.

EtoinShrdlu Wrote:
-------------------------------------------------------
> With only one exception, none of you guys have the slightest clue how injury claims are pursued under FELA.

Since when has a lack of knowledge given anyone pause before sharing their "thoughts"?

Robert Pierce
Sugar Land, TX
SWRails.com

trainjunkie Wrote:
-------------------------------------------------------
> Lackawanna484 Wrote:
> --------------------------------------------------
> -----
> > The court will likely consider what guidance is
> > given to employees about jumping. In rules
> based
> > organizations, the employee may expect the
> > company's policy to govern.
>
> I've never heard of a railroad providing guidance
> or rules about when to jump. They train you how to
> get off of moving equipment, but not when.

Precisely my point.  Railroads, by definition, are rules based organizations. They want to control every situation

I could be wrong, but FELA might work against this guy.  He has to show that BNSF was at fault or negligent.  If it was a case of another crew simply running a red signal and entering a section of track where they had no authority to be, how would this man's attorney show that BNSF was at fault?  

Running a signal is a rule violation committed by a BNSF crew which makes the BNSF liable.

I thought the surviving engineer was on the train that ran the signal?  If so, his position may not be very advantageous!

I'm a retired railroader, not a lawyer, but I would think that the other three crew member's families have a better chance of success.
FELA (Federal Employers Liability Act) requires responsibility to be placed for money to be awarded.
G

      Correct me if I am wrong but the railroads are no longer teaching employees 'how to get on and off moving equipment' are they ? Therefore a lawyer might argue the
employee had no right nor direction from the company to 'jump'If you feelings are hurt .
      Irregardless, courts are more and more liberal with others money these days and anything goes. If your feelings are hurt or maybe even if you think they might be
bruised just a smidgeon, you can probably get cash. Your lawyer will of course do even better.

The surviving engineer was on the westbound train.

"Upon information and belief, the eastbound train departed from the Amarillo terminal and it consisted of 3 head-end locomotives, 2 distributive power units, and 56 loaded freight cars. According to the National Transportation Safety Board (“NTSB”) the BNSF signal system was lined to route the westbound train operated by Plaintiff into the Panhandle siding at milepost 526.1 while holding the eastbound train on the main track before the east end of the siding.

However, investigation shows that the eastbound train did not “hold” and disregarded at least two signals. Specifically, the eastbound train passed an “approach” signal at 62 mph and continued to gain speed and eventually passed a “stop” signal at 65 mph with the collision occurring seconds later."



Edited 1 time(s). Last edit at 11/24/16 15:22 by LittleDoc.