Train Derailment/Wrongful Death Suit Settles for $4.577 Million

An 80-car, 10,000-ton CSX coal train en route to Washington, DC lost braking control while descending a seventeen mile grade. Due to excessive speed, the train lost its brakes and reached a curve at nearly 60 mph and derailed. Several fully-loaded, 100-ton coal cars smashed into a house, killing a 15 year old boy asleep on the couch and injuring several others. The plaintiff successfully argued that CSX should have set the track speed limit lower (as it did the day after the crash); that they lacked a corporate policy for checking dynamic brakes and that the engineer was poorly trained. The case was filed in West Virginia to pursue maximum benefits to the injured, as the state of Maryland would have limited recovery at $2 million. The case settled for $4.577 million.

Because the results obtained in specific cases depend on a variety of factors unique to each case, past case results do not guarantee or predict a similar result in future cases undertaken by a lawyer or law firm.

Client Reviews
★★★★★
Gary Mims represented me as my attorney with an issue I had last year. Working with Gary was a pleasure. He was very understanding about my situation, and it was affirming to talk to him. He had a good grasp not only of the legal issues, but the technical issues with my case. Other attorneys I had approached were less receptive because they were not familiar with my particular issue; Gary was. He was professional, empathetic, and a zealous advocate. I was very pleased with how he handled my case... Lisa Ramish
★★★★★
This is the ‘go to’ firm in Northern Virginia for personal injury law. They did a fabulous job for us. I would highly recommend them. They definitely went above and beyond for us with a great result. Christine Bates
★★★★★
Trusted advice and guidance when you need it most: Gary Mims of Sickels, Frei and Mims, provided outstanding help and guidance through a difficult, emotional and often complex process. When we first thought we might need legal assistance we reached out to several attorneys that we found on the internet and Gary stood out from all the rest: he explained the situation and process ahead in simple terms that we were able to understand...While we hope not to need legal support in the future, if we did, Gary Mims would most certainly be our first, and only, choice. 10 out of 10, thank you Colonel Jeremy Johnson