Motor Vehicle Negligence – Railroad worker injured in collision with tractor-trailer

$1.85 million settlement

Injuries alleged: Cervical and back pain, right side sciatica and numbness of feet and headaches, as well as weakness in the right leg and pain radiating from his neck down to the fingertips

Date resolved: Jan. 10, 2026

Special damages: $2.4 million in past/future loss of earnings and $125,000 in medical expenses

Demand: $3.5 million

Offer: $1.75 million at mediation

Amount: $1.85 million

Attorney for plaintiff: Richard N. Shapiro, Virginia Beach, Shapiro, Washburn & Sharp

Case description: The 46-year-old plaintiff worked for a railroad and was riding as a passenger in a high-rail vehicle that travels along the railroad tracks. The railroad vehicle had headlights and running lights and was crossing a two-lane highway at night, but the operator of a tractor-trailer did not heed the advance railroad crossbuck sign before the rail crossing area and a “yield” sign closer to the crossing, and also a duty on commercial vehicles to slow or stop to avoid railroad equipment at any highway railroad crossing.

The railroad vehicle was thrown about 30 feet as the rail equipment entered the highway, due to the impact with the tractor-trailer traveling at about 45 mph. The plaintiff suffered immediate neck and back pain and was treated at a local emergency room. (Details of this case have been withheld due to confidential terms.) He was medically unable to return to his railroad duties and later underwent neck surgery.

The plaintiff had a seat belt but no shoulder harness and had a potential claim against his employer regarding his securement in the vehicle, as well as a claim against the tractor-
trailer driver who hit the piece of railroad equipment while attempting to cross the railroad.

The plaintiff and his representation brought a suit against the trucking company and its commercial driver and advised the railroad employer that it and the plaintiff might be able to settle for a minor sum.

The plaintiff and his legal team went to mediation against the tractor-trailer company alone. Once they were on the verge of settling this matter for $1.75 million, they again contacted the railroad employer’s claim representative and asked if it would contribute approximately $100,000. If most railroad companies contribute to a global settlement in a third-party case, railroad workers for many railroads don’t have a duty to repay their health insurance medical expenses incurred due to the injury. The plaintiff underwent neck surgery after trying to avoid surgery at all costs and incurred significant medical expenses. By virtue of the railroad contributing $100,000 to the settlement, the plaintiff was relieved of any reimbursement obligation for medical expenses incurred under his health insurance plan.

Ultimately, the case was settled for approximately $1.85 million, with both parties involved in the settlement terms. The jurisdiction and other details of the parties have been withheld under a confidentiality agreement.